APPELLATE HIGHLIGHTS

  • SEE ALL
  • CONTRIBUTING AUTHORS

Oliver v. Labor Comm’n, 2013 UT App 301 (December 27, 2013) 

Dec 27, 2013

The Utah Court of Appeals determined the Labor Commission Board of Appeals had applied the wrong legal standard in evaluating the employee’s claim for permanent total disability benefits. The Board interpreted the standard for permanent total disability benefits set forth in United Park City Mines Co. v. Prescott, 393 P.2d 800 (Utah 1964), to mean that because the employee was able to return to work after her original injury, she was forever barred from bringing permanent total disability claims based on that accident. The court held that return to the workforce does not preclude claiming permanent total disability based on an original compensable injury. Rather, the question of additional compensation hinges on whether the subsequent injury was a natural result of the original compensable injury.