CHARLES ALFRED WOTKYNS, Petitioner,
v.
RED CANYON CONTRACTORS and WORKERS COMPENSATION FUND, Respondents.
No. 18-0007
Utah Workers Compensation Decisions
Utah Labor Commission
November 23, 2020
ORDER
ON MOTION FOR REVIEW
ORDER
OF REMAND
Kathleen Bounous, Chair.
Charles
Alfred Wotkyns asks the Appeals Board of the Utah Labor
Commission to review Administrative Law Judge Trayner’s
preliminary award of permanent total disability benefits to
Mr. Wotkyns under the Utah Workers' Compensation Act,
Title 34A, Chapter 2, Utah Code Annotated.
The
Labor Commission 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 ISSUES PRESENTED
Mr.
Wotkyns claims permanent total disability compensation for a
left-shoulder injury he sustained while working for Red
Canyon Contractors (“Red Canyon”) on July 19,
2014. Judge Trayner held an evidentiary hearing and referred
the medical aspects of Mr. Wotkyns’s claim to an
impartial medical panel. The medical panel determined that
Mr. Wotkyns had permanent functional restrictions affecting
his left shoulder as a result of the work accident. Judge
Trayner relied on the panel’s conclusions over Red
Canyon’s objection and found that Mr. Wotkyns met the
criteria for a preliminary award of permanent total
disability benefits.
In
awarding benefits to Mr. Wotkyns, Judge Trayner ordered that
his permanent total disability compensation begin as of the
date of injury. Judge Trayner then ordered that Red Canyon be
allowed a credit for temporary total and permanent partial
disability compensation it had already paid to Mr. Wotkyns
against the permanent total disability compensation awarded
to him. Mr. Wotkyns seeks review of Judge Trayner’s
order by arguing that it improperly calculates the amount of
compensation owed by Red Canyon. Mr. Wotkyns also contends
that Red Canyon has failed to pay appropriate interest on the
benefits awarded.
DISCUSSION
AND CONCLUSION OF LAW
The
facts of this matter are not in dispute. The main...
