JANIE GRONEMAN, Petitioner,
v.
MAVERIK, INC. and WORKERS COMPENSATION FUND, Respondents.
No. 19-0427
Utah Workers Compensation Decisions
Utah Labor Commission
October 16, 2020
ORDER
DENYING REQUEST FOR RECONSIDERATION
Jaceson R. Maughan, Utah Labor Commissioner
Maverik,
Inc. and its insurance carrier, Workers Compensation Fund
(collectively referred to as “Maverik”) ask the
Utah Labor Commission to reconsider its prior decision
affirming Judge Jonsson’s award of benefits to Janie
Groneman under the Utah Workers’ Compensation Act,
Title 34A, Chapter 2, Utah Code Annotated.
The
Labor Commission exercises jurisdiction over this matter
pursuant to ' 63G-4-302 of the Utah Administrative
Procedures Act.
BACKGROUND
AND ISSUES PRESENTED
Ms.
Groneman initially claimed workers’ compensation
benefits for a left-sided inguinal hernia that she attributed
to an accident on January 3, 2019, while she was working for
Maverik. Judge Jonsson held an evidentiary hearing and found
that Maverik had not shown that the more stringent standard
of legal causation outlined in Allen v. Industrial
Comm’n, 729 P.2d 15 (Utah 1986), applied to Ms.
Groneman’s claim. Judge Jonsson referred the medical
aspects of the claim to an impartial medical panel, which
determined that the work accident medically caused Ms.
Groneman to suffer an injury that was characterized as a
“left groin strain / small symptomatic hernia and / or
compressed lipoma” presenting as left inguinal
symptoms. The panel outlined the medical care necessary to
treat Ms. Groneman’s work injury along with the date
she reached medical stability.
Judge
Jonsson relied on the medical panel’s conclusions over
Maverik’s objection. Judge Jonsson noted the
panel’s conclusions might be construed as evidence Ms.
Groneman had a preexisting condition that contributed to her
work injury, but Judge Jonsson reiterated that Maverik had
not shown the more stringent standard of legal causation
applied to the claim. Judge Jonsson awarded benefits to Ms.
Groneman, including medical benefits and temporary total
disability compensation, based on the...
