MATTHEW CHAVEZ, Petitioner,
v.
CASTLEVIEW HOSPITAL and SAFETY NATIONAL CASUALTY CORP., Respondents.
No. 20-0414
Utah Workers Compensation Decisions
Utah Labor Commission
December 23, 2020
ORDER
ON MOTION FOR REVIEW
ORDER
OF REMAND
Kathleen Bounous, Chair
Matthew
Chavez asks the Appeals Board of the Utah Labor Commission to
review Administrative Law Judge Jonsson’s order
dismissing Mr. Chavez’s claim for benefits under the
Utah Workers' Compensation Act, Title 34A, Chapter 2,
Utah Code Annotated.
The
Appeals Board exercises jurisdiction over this motion for
review pursuant to §63G-4-301 of the Utah Administrative
Procedures Act and §34A-2-801(4) of the Utah
Workers’ Compensation Act.
BACKGROUND
AND ISSUE PRESENTED
Mr.
Chavez filed an application for hearing claiming benefits for
a low-back injury he attributed to a workplace accident on
January 18, 2019, while he was working for Castleview
Hospital (“Castleview”). Castleview answered Mr.
Chavez’s application by moving to dismiss his claim for
failure to provide adequate notice of the injury and for
failure to submit sufficient medical documentation in support
of his application. Judge Jonsson determined that Mr. Chavez
had not submitted any evidence to rebut Castleview’s
contention that he failed to provide adequate notice of his
alleged low-back injury. Judge Jonsson therefore granted
Castleview’s motion and dismissed Mr. Chavez’s
claim without prejudice. Mr. Chavez now seeks review of Judge
Jonsson’s order by arguing that it was error to dismiss
his claim based on notice requirements prior to the hearing.
Mr. Chavez submits that he should be able to present evidence
that he provided adequate notice of the injury at the
hearing.
DISCUSSION
AND CONCLUSIONS OF LAW
As
outlined in Judge Jonsson’s order, Mr. Chavez notified
Castleview of a shoulder injury he suffered in a workplace
accident. There does not appear to be any dispute that
Castleview accepted Mr. Chavez’s shoulder injury. The
main issue in this matter relates to whether Mr. Chavez was
properly...
