JESSICA WILSON, Petitioner,
v.
INTERCONTINENTAL HOTELS GROUP and AMERICAN ZURICH INSURANCE CO., Respondents.
No. 15-0886
Utah Workers Compensation Decisions
Utah Labor Commission
November 23, 2020
ORDER
AFFIRMING ALJ’S DECISION
Kathleen Bounous, Chair
Intercontinental
Hotels Group and its insurance carrier, American Zurich
Insurance Co., (collectively referred to as
“IHG”) [ 1] ask the Appeals Board of the Utah
Labor Commission to review Administrative Law Judge
Holley’s decision to issue an abstract of award of
benefits to Jessica Wilson regarding her 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.
Wilson claims workers’ compensation benefits for a
right-foot injury she sustained when she tripped and fell
while walking into work for IHG on April 9, 2015. The parties
disputed whether the injury arose out of and in the course of
her employment and was therefore compensable. Judge Holley
held an evidentiary hearing on the claim and concluded that
Ms. Wilson’s injury was compensable. IHG sought review
of Judge Holley’s decision from the Commission, which
affirmed the decision and award of benefits after finding
that Ms. Wilson’s injury arose out of and in the course
of her employment with IHG.
IHG
appealed the Commission’s conclusion regarding whether
Ms. Wilson’s injury arose out of and in the course of
her employment to the Utah Court of Appeals, which certified
the case for consideration by the Utah Supreme Court. The
Utah Supreme Court agreed with the Commission that Ms.
Wilson’s right-foot injury arose out of and in the
course of her employment with IHG and upheld the order
awarding benefits to Ms. Wilson.
Following
the Court’s order, Ms. Wilson submitted an abstract of
award to the Adjudication Division for approval. The abstract
included a calculation of interest owed to Ms. Wilson on...