N. OBED HERNANDEZ vs. PACKAGING CORPORATION OF AMERICA and CIGNA INSURANCE COMPANY Defendant.

• Court: Utah

Utah Workers Compensation Decisions 1995. N. OBED HERNANDEZ vs. PACKAGING CORPORATION OF AMERICA and CIGNA INSURANCE COMPANY Defendant THE INDUSTRIAL COMMISSION OF UTAHOBED HERNANDEZ, Applicant, vs. PACKAGING CORPORATION OF AMERICA and CIGNA INSURANCE COMPANY, Defendant.ORDER ON MOTION FOR REVIEWThe above entitled matter arises from an industrial injury suffered by Obed Hernandez in the course of his employment by Packaging Corporation of America. Tad D. Draper, Mr. Hernandez' attorney, seeks review of the Administrative Law Judge's decision limiting Mr. Draper's attorney's fee in this matter to $100. The Industrial Commission of Utah exercises jurisdiction over this Motion For Review pursuant to Utah Code Ann. §63-46b-12, Utah Code Ann. §35-1-82.53, and Utah Admin. Code R568-1-4.M. FINDINGS OF FACT The Industrial Commission makes the following findings of fact: 1. On December 5, 1994, in the course of his employed at Packaging Corporation of America, Mr. Hernandez suffered the amputation of the right index finger to the distal inter-phalangeal joint. 2. All parties agree that Mr. Hernandez' injury constitutes a 9% permanent impairment of the upper right extremity and that Mr. Hernandez is entitled to permanent partial disability compensation in the amount of $3,834. 3. On March 17, 1995, Dr. Walker, Mr. Hernandez' treating physician, advised Cigna Insurance Company, the workers' compensation carrier for Packaging Corporation of America, that Mr. Hernandez had achieved maximum medical stability with respect to his injury and that he had suffered the foregoing 9% permanent impairment. 4. On April 6, 1995, Cigna submitted a compensation agreement to Mr. Hernandez which computed the amount of permanent partial disability compensation at $377.46. 5. Mr. Hernandez then consulted Mr. Draper regarding his workers' compensation claim. It appears that Mr. Draper had two office appointments with Mr. Hernandez and several telephone conversations regarding Mr. Hernandez' case. 6. On April 26, 1995, Mr. Draper filed with the Industrial Commission a Notice of Appointment of Counsel form, Preservation of Claim form and supporting documents. 7. On May 12, 1995, the Adjudication Division informally advised Cigna that it had erred in computing the amount of permanent partial disability compensation due Mr. Hernandez. Cigna then recomputed...