467 P.3d 905
Utah Ct. App.2020Background
- Leontine Foster, an experienced truck driver, had preexisting right-knee and lower-back conditions (1996 right-knee replacement; 2015 lumbar disc bulge; 2017 slip injury). No preexisting left-knee injury.
- On August 19, 2018, while driving for JBS, Foster smelled burning, heard a loud explosion, and—fearing the truck would explode—opened the driver door, stood on the top step (~40 in. above ground), jumped away from the truck and landed on both feet, then ran from the vehicle as it burned and exploded.
- Foster did not immediately seek medical care; she self-treated initially and saw a doctor on August 29, 2018. Treating and defense medical reviewers concluded the jump medically aggravated her preexisting right-knee and lower-back conditions and caused a new left-knee injury.
- JBS terminated Foster shortly after the fire and disputed causation and credibility (pointing to contemporaneous fire-department and medical notes that slightly differed about timing of the first explosion and exit).
- An ALJ awarded workers’ compensation; the Labor Commission Appeals Board affirmed. JBS petitioned for judicial review, challenging both the factual findings and the application of the heightened legal-causation standard for aggravation of preexisting conditions.
Issues
| Issue | Plaintiff's Argument (Foster) | Defendant's Argument (JBS) | Held |
|---|---|---|---|
| 1. Whether the Commission’s factual findings (that Foster jumped under exigent circumstances) are supported by substantial evidence | Foster: testimony and contemporaneous written statement support that she heard an explosion while inside and jumped away in fear | JBS: official fire-dept and later medical records indicate she exited before hearing the explosion and point to delay in treatment undermining credibility | Held: Commission’s credibility and findings are supported; JBS failed to marshal contrary evidence so substantial-evidence challenge fails |
| 2. Whether Foster met the heightened Allen legal-causation test for aggravation of preexisting conditions (was her act an objectively unusual/extraordinary employment-related activity?) | Foster: the jump, given sudden emergency and need to flee, was an unusual exertion that substantially increased risk and thus satisfies Allen/Murray two-step test | JBS: the jump was routine/analogous to ordinary acts (e.g., jumping from truck bed) and not objectively unusual | Held: Considering totality (height, emergency, hurried escape, inability to use normal precautions), the jump was objectively unusual and met the heightened legal-causation standard; award affirmed |
Key Cases Cited
- Quast v. Labor Comm'n, 424 P.3d 15 (Utah 2017) (substantial-evidence standard for reviewing Commission factual findings)
- Murray v. Labor Comm'n, 308 P.3d 461 (Utah 2013) (two-step inquiry for heightened legal causation: characterize precipitating activity and determine whether it is objectively unusual)
- Allen v. Industrial Comm'n, 729 P.2d 15 (Utah 1986) (establishes heightened legal-causation standard for aggravation of preexisting conditions)
- Miera v. Industrial Comm'n, 728 P.2d 1023 (Utah 1986) (example of jump activity found to be unusual under Allen)