Johnston v. Labor Commission
2013 UT App 179
| Utah Ct. App. | 2013Background
- Johnston, a Viracon employee, suffered neck, back, and facial issues after a May 13, 2009 industrial incident.
- He had pre-existing spinal problems and reported chronic back pain and neck dysfunction prior to the accident.
- Post-accident medical findings included Horner syndrome and disc issues; Johnston underwent cervical fusion after injections.
- A one-member medical panel, Dr. Goldman, concluded the injury was not the medical cause of Johnston’s conditions and that some symptoms were pre-existing or unrelated.
- Johnston timely objected to the panel, sought an objection hearing, but the ALJ denied the hearing; the Labor Commission Appeals Board affirmed, leading to judicial review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ALJ abused discretion by denying the objection hearing | Johnston contends the hearing was mandatory due to bias/factual concerns | Viracon argues discretionary denial was proper given record | No abuse of discretion; denial upheld |
| Whether the medical panel's report was admissible without an objection hearing | Obj. well taken; report should be excluded | If hearing denied, admit as if no objection | Report admitted; objection not well taken |
Key Cases Cited
- Lander v. Industrial Comm’n, 894 P.2d 552 (Utah Ct. App. 1995) (statutory hearing discretion constitutional)
- Virgin v. Board of Review, 803 P.2d 1284 (Utah Ct. App. 1990) (aggravation standard; Board as finder of fact)
- Chase v. Industrial Comm’n, 872 P.2d 475 (Utah Ct. App. 1994) (aggravation rule; Board determines legal aggravation)