Wilson v. Intercontinental Hotels Group, 112320 UTWC, 15-0886

Case DateNovember 23, 2020
CourtUtah
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...

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