306 P.3d 824
Utah Ct. App.2013Background
- Green seeks review of the Utah Labor Commission’s reversal of an ALJ’s workers’ compensation award.
- The dispositive issue is whether Green timely informed ABF of a May 24, 2009 industrial accident within 180 days as required by Utah Code § 34A-2-407(1), (3).
- The ALJ found timely reporting by a preponderance of the evidence; the Commission held the opposite.
- Evidence included lack of contemporaneous reporting paperwork, manager testimony that Green claimed neck problems were non-work-related, and the general emphasis at ABF on timely injury reporting.
- Additional evidence included Green’s doctor’s progress note suggesting neck pain dating earlier, and witness testimony indicating no explicit report of a work injury to dispatch.
- The Utah Court of Appeals affirmed the Commission, applying substantial-evidence review and deferring to the Commission on conflicting inferences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of notice under Utah Code § 34A-2-407 | Green argues timely reporting occurred. | ABF/Commission contends reporting was not timely. | Trial tribunal’s finding stands; Commission’s decision affirmed. |
Key Cases Cited
- Hurley v. Board of Review of the Indus. Comm’n, 767 P.2d 524 (Utah 1988) (court defers to Commission if findings are based on substantial evidence)
- Grace Drilling Co. v. Board of Review of the Indus. Comm’n, 776 P.2d 63 (Utah Ct. App. 1989) (absence of affirmative evidence may support Commission inferences; scope of review)