Parrish v. Skywest Airlines, 102417 UTWC, 15-0766

Docket Nº:15-0766
Case Date:October 24, 2017
Court:Utah
 
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LEEANNE PARRISH, Petitioner,
v.
SKYWEST AIRLINES and INDEMNITY INSURANCE CO. OF NORTH AMERICA, Respondents.
No. 15-0766
Utah Workers Compensation Decisions
Appeals Board Utah Labor Commission
October 24, 2017
          ORDER AFFIRMING ALJ’S DECISION           Patricia Abbott Lammi, Chair          Leeanne Parrish asks the Appeals Board of the Utah Labor Commission to review Administrative Law Judge Marlowe’s partial denial of Ms. Parrish’s claim for benefits 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. Parrish claims workers’ compensation benefits for a left-hip injury she attributes to an accident that occurred while she was working for Skywest Airlines (“Skywest”) on March 19, 2014. Judge Marlowe held an evidentiary hearing and referred the medical aspects of the claim to an impartial medical panel. The medical panel determined that Ms. Parrish’s left-hip problems were not medically caused by the work accident.          Judge Marlowe relied on the medical panel’s conclusions over Ms. Parrish’s objection and denied her claim for benefits related to her left hip. Judge Marlowe awarded Ms. Parrish the cost of medical treatment for other injuries outlined by the medical panel, but the focus of the present dispute is Ms. Parrish’s left-hip condition. Ms. Parrish seeks review of Judge Marlowe’s decision by arguing that the medical panel’s conclusion is less reliable than the opinion of Ms. Parrish’s treating physician or even her own understanding of pertinent medical literature.          FINDINGS OF FACT          The Appeals Board adopts Judge Marlowe’s findings of fact, which are summarized as follows. On March 19, 2014, Ms. Parrish was working for Skywest as a flight attendant when the plane she was aboard suddenly dropped. She threw out her left leg in order to maintain her balance and most of her...

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