UADD 93-0290 and EEOC 35C-93-0308. MARIYA LOWRY vs. LOGAN REGIONAL HOSPITAL Defendant.

• Court: Utah

Utah Workers Compensation Decisions 1995. UADD 93-0290 and EEOC 35C-93-0308. MARIYA LOWRY vs. LOGAN REGIONAL HOSPITAL Defendant THE INDUSTRIAL COMMISSION OF UTAHMARIYA LOWRY, Applicant, vs. LOGAN REGIONAL HOSPITAL, Defendant.UADD Case No. 93-0290 and EEOC Case No. 35C-93-0308ORDER ON MOTION FOR REVIEWLogan Regional Hospital ("LRH") asks The Industrial Commission of Utah to expand the scope of the above-entitled adjudicatory proceeding to include the issue of LRH's liability, if any, under the Utah Anti-Discriminatory Act for unlawful employment discrimination against Mariya Lowry. BACKGROUND Ms. Lowry filed a charge of unlawful employment discrimination with the Utah Anti-Discrimination Division ("UADD") against LRH. On May 31, 1994, UADD issued its determination that LRH had unlawfully discriminated against Ms. Lowry. The determination ordered the hospital to provide certain relief to Ms. Lowry. On June 21, 1994, LRH requested an evidentiary hearing on a single issue pertaining to Ms. Lowry's claim: the specific relief to be provided Ms. Lowry. LRH did not contest its underlying liability for unlawful employment discrimination. On September 7, 1994, pursuant to Rule R560-1-5, legal counsel for the Industrial Commission granted LRH's request for hearing. On October 22, 1994, legal counsel limited the scope of such hearing to the single issue of the relief to be provided Ms. Lowry. Ms. Lowry's claim was then transferred to the Industrial Commission's Adjudication Division for hearing. During preliminary proceedings before the ALJ, LRH argued it was entitled to a full evidentiary hearing on all issues related to Ms. Lowry's claim, including the underlying issue of whether LRH had unlawfully discriminated against Ms. Lowry. The ALJ ruled that she was bound by legal counsel's limitation of the issue to be adjudicated. LRH then asked the Industrial Commission to review the ALJ's ruling. DISCUSSION The issue before the Industrial Commission is whether the scope of the evidentiary hearing to be held in this matter should be limited only to the issue of damages. Section 34-35-7.1 of the Utah Anti-Discriminatory Act allows a party aggrieved by a UADD determination to obtain a de novo evidentiary hearing. The Act...