98-1060. RANDY WILKERSON v. WAL-MART STORES INC. and NATIONAL UNION FIRE Defendants.

Court:Utah
 
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Utah Workers Compensation Decisions 2000. 98-1060. RANDY WILKERSON v. WAL-MART STORES INC. and NATIONAL UNION FIRE Defendants APPEALS BOARD UTAH LABOR COMMISSIONRANDY WILKERSON, Applicant, v. WAL-MART STORES, INC. and NATIONAL UNION FIRE, Defendants.Case No. 98-1060ORDER OF REMANDWal-Mart Stores, Inc. and it workers compensation insurance carrier, National Union Fire (referred to jointly hereafter as "Wal-Mart") ask the Appeals Board of the Utah Labor Commission to review the Administrative Law Judge's decision regarding Randy Wilkerson's claim for benefits under the Utah Workers' Compensation Act ("the Act"; Title 34A, Chapter 2, Utah Code Ann.). The Appeals Board exercises jurisdiction over this motion for review pursuant to Utah Code Ann. §63-46b-12, Utah Code Ann. §34A-2-801(3) and Utah Admin. Code R602-2-1.M. ISSUE PRESENTED To what extent is Mr. Wilkerson entitled to temporary disability compensation for his work related injuries? BACKGROUND The parties agree that Mr. Wilkerson was injured in a work-related accident while employed by Wal-Mart on November 26, 1997. Mr. Wilkerson filed a claim for workers' compensation benefits on December 25, 1998. The parties agreed that the medical aspects of Mr. Wilkerson's claim should be referred directly to a medical panel. Additionally, an evidentiary hearing was held on the claim on June 2, 2000. At the hearing, Wal-Mart contended it had made suitable light-duty work available to Mr. Wilkerson during the period of his recovery, but by rejecting such light-duty work, Mr. Wilkerson had forfeited his right to temporary disability compensation. Both parties presented evidence on this issue. After the hearing, pursuant to the parties' agreement, the ALJ referred Mr. Wilkerson's claim to a medical panel. Upon receipt of the panel's report, the ALJ...

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