Provo City v. Utah Labor Comm’n, 2015 UT 32 (Feb. 6, 2015)
Feb 6, 2015
The Utah Court of Appeals certified to the Utah Supreme Court an appeal by Provo City and the Workers’ Compensation Fund of a Labor Commission’s order affirming an administrative law judge’s determination that a Provo City employee was permanently and totally disabled. The Utah Supreme Court addressed the appropriate standard of review for each of the six elements required to establish permanent, total disability. The court held that the standard for each element differs depending on whether the issue is one purely of fact or a mixed question of law and fact.