SHERRY OLSON, Petitioner,
v.
DELTA AIR LINES, INC. and INDEMNITY INSURANCE CO. OF NORTH AMERICA, Respondents.
No. 19-0634
Utah Workers Compensation Decisions
Utah Labor Commission
November 2, 2020
ORDER
AFFIRMING ALJ’S DECISION
Kathleen Bounous, Chair
Delta
Air Lines and its insurance carrier, Indemnity Insurance Co.
of North America, (collectively referred to as
“Delta”) ask the Appeals Board of the Utah Labor
Commission to review Administrative Law Judge Jonsson’s
award of benefits to Sherry Olson 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
Ms.
Olson claims workers’ compensation benefits for a
right-knee injury she sustained while working for Delta on
April 29, 2019. Judge Jonsson held an evidentiary hearing and
referred the medical aspects of Ms. Olson’s claim to an
impartial medical panel. The medical panel determined that
the work accident medically caused Ms. Olson to suffer an
injury to the meniscus in her right knee.
Judge
Jonsson relied on the medical panel’s conclusions over
Delta’s objection and awarded benefits to Ms. Olson for
her right-knee injury. Delta now seeks review of Judge
Jonsson’s order by arguing that it was error to rely on
the panel’s opinion because the panel members were not
sufficiently qualified to opine on Ms. Olson’s
right-knee condition. Delta contends that the medical
evidence—including literature cited by the medical
panel—supports its position that Ms. Olson’s
right-knee injury was not medically caused by the work
accident. Delta submits that the opinion of its medical
consultant should be given more weight than that of the
panel.
FINDINGS
OF FACT
The
Appeals Board adopts Judge Jonsson’s findings of fact,
which are summarized as follows. On April 29, 2019, Ms. Olson
was working for Delta at the Salt Lake City Airport. After
attending a meeting on a lower level of the airport, Ms.
Olson climbed a set of stairs while carrying a piece of
carry-on luggage. After climbing about 15 or 20 steps, Ms.
Olson felt and heard a pop in her right knee along with pain
that caused her to collapse on the staircase. She was able to
climb the last few stairs, after which her coworkers helped
her into a wheelchair. Ms. Olson reported the accident to her
supervisor and she was instructed to obtain a medical
evaluation.
Ms.
Olson went to the emergency room, where she was assessed with
swelling, pain, joint effusion and tenderness of the medial
collateral ligament in her right knee. She underwent an x-ray
on her right knee, which revealed mild degenerative changes
but no fracture or dislocation. On May 1, 2019, Ms. Olson
began treating with Dr. Tyson, who assessed her with a...
