REGINA LYNN KULL, Petitioner,
v.
PEAK RESTAURANT PARTNERS, LLC and EMPLOYERS ASSURANCE COMPANY, Respondents.
No. 17-0839
Utah Workers Compensation Decisions
Utah Labor Commission
November 23, 2020
ORDER
ON MOTION FOR REVIEW
ORDER
OF REMAND
Kathleen Bounous, Chair.
Peak
Restaurant Partners, LLC and its insurance carrier, Employers
Assurance Company, (collectively referred to as
“Peak”) seek review of Administrative Law Judge
Stewart’s award of benefits to Regina Lynn Kull under
the Utah Workers’ Compensation Act, Title 34A, Chapter
2, Utah Code Annotated. This matter is referred to the
Appeals Board of the Utah Labor Commission based on Ms.
Kull’s request.
The
Labor Commission 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.
Kull claims workers’ compensation benefits for a
left-knee injury that occurred on December 18, 2016, while
she was working for Peak. Judge Stewart held an evidentiary
hearing and referred the medical aspects of Ms. Kull’s
claim to an impartial medical panel. The medical panel
determined that Ms. Kull suffered a medical meniscus tear, a
rupture of the anterior cruciate ligament (ACL), and laxity
in the medial collateral ligament (MCL) in her left knee as a
result of the work accident. The panel also determined that
surgical repair of Ms. Kull’s left-knee injury resulted
in an injury to the saphenous nerve. The panel concluded that
while Ms. Kull reached medical stability from her ACL, MCL
and meniscus injuries, her left-knee condition was not yet
medically stable due to the subsequent nerve condition.
Judge
Stewart relied on the medical panel’s conclusions and
awarded benefits to Ms. Kull for her left-knee injury,
including ongoing temporary total disability compensation and
medical expenses necessary to treat the injury. Peak seeks
review of Judge Stewart’s decision by arguing that it
was error to award Ms. Kull ongoing temporary total
disability compensation because she is not totally disabled.
Peak submits that there is evidence of Ms. Kull returning to
work despite her work-related left-knee condition that
precludes ongoing temporary total disability benefits.
FINDINGS
OF FACT
The
Appeals Board finds the following facts to be material to
Peak’s motion for review. Ms. Kull worked...
