BLAKE DRAPER, Petitioner,
v.
VAIL RESORTS, INC., Respondent.
No. 18-0732
Utah Workers Compensation Decisions
Utah Labor Commission
November 23, 2020
ORDER
AFFIRMING ALJ’S DECISION
Kathleen Bounous, Chair
Vail
Resorts, Inc. (“Vail”) asks the Appeals Board of
the Utah Labor Commission to review Administrative Law Judge
Newman’s award of benefits to Blake Draper 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 ISSUES PRESENTED
Mr.
Draper claims workers’ compensation benefits for a head
injury he sustained while working for Vail on January 22,
2018. Judge Rammell held an evidentiary hearing on Mr.
Draper’s claim, which was then reassigned to Judge
Newman. Judge Newman confirmed Judge Rammell’s findings
of fact and referred the medical aspects of Mr.
Draper’s claim to an impartial medical panel. The
medical panel determined that the accident medically caused
Mr. Draper to sustain a concussion and post-concussive
symptoms worsened by his underlying psychological condition.
The panel outlined the medical care necessary to treat Mr.
Draper’s post-concussive condition and concluded that
he had not reached medical stability.
Judge
Newman relied on the medical panel’s conclusions over
Vail’s objection and awarded benefits to Mr. Draper.
Vail now seeks review of Judge Newman’s decision by
arguing that it was error to rely on the medical
panel’s conclusions. Specifically, Vail contends that
the panel’s report requires clarification to
differentiate between the past medical care Mr. Draper has
received for his work-related injury and the care he received
for his pre-existing psychological conditions.[1]
FINDINGS
OF FACT
The
Appeals Board adopts Judge Newman’s findings of fact
and summarizes them as follows. On January 22, 2018, Mr.
Draper was working for Vail as a lift lead, which involved
ski lift maintenance. While he was working in a low-clearance
area, Mr. Draper was struck in the head by a ski lift and
knocked unconscious. Mr. Draper was taken to the emergency
room where he underwent a CT scan and was assessed with a
concussion, facial contusion, and facial laceration without
significant deficit. Mr. Draper was released from the
hospital, but he called WorkMed later that same night as he
was not feeling well. At WorkMed, Mr...
