LEONTINE P. FOSTER, Petitioner,
v.
JBS SWIFT & CO and AMERICAN ZURICH INSURANCE CO., Respondents.
No. 18-0622
Utah Workers Compensation Decisions
Utah Labor Commission
November 2, 2020
ORDER
AFFIRMING ALJ’S DECISION
Kathleen Bounous, Chair
Leontine
P. Foster asks the Appeals Board of the Utah Labor Commission
to review Administrative Law Judge Jonsson’s order
vacating an abstract of judgment for an award of benefits to
Ms. Foster 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
Ms.
Foster claims workers’ compensation benefits for
injuries to her knees and low back that she sustained while
working for JBS Swift & Co. (“Swift”) on
August 19, 2018. Judge Jonsson held an evidentiary hearing
and found that Ms. Foster was injured by accident consistent
with her description of events. Judge Jonsson also determined
that the more stringent standard of legal causation outlined
in Allen v. Industrial Comm’n, 729 P.2d 15
(Utah 1986), applied to Ms. Foster’s claim and that she
met such standard. Judge Jonsson awarded benefits to Ms.
Foster for her injuries, which benefits included ongoing
temporary total disability compensation.
Judge
Jonsson’s award was upheld by the Appeals Board on
review and the Utah Court of Appeals affirmed the Appeals
Board’s order in a decision issued June 4, 2020. Swift
had 30 days to comply with the order awarding benefits to Ms.
Foster, but as of July 15, 2020, Swift had not yet paid the
benefits awarded. Ms. Foster filed an abstract of award with
the Adjudication Division on July 15, 2020, specifying the
amounts of unpaid benefits owed to her, including temporary
total disability compensation through July 14, 2020. Judge
Jonsson relied on Ms. Foster’s representations
regarding the amounts owed to her and signed the abstract.
A week
later on July 22, 2020, Swift sought reconsideration of Judge
Jonsson’s decision to sign the abstract. Swift did...
