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...
