463 P.3d 85
Utah Ct. App.2020Background
- Patrick J. O'Connor suffered a workplace injury on May 3, 1983; in March 1987 the Labor Commission ordered Employers' Reinsurance Fund (ERF) to pay him permanent total disability benefits of $241 per week.
- Historically Utah law set statutory minimum weekly benefits for permanently and totally disabled workers; prior increases included express retroactivity clauses.
- In 1988 the legislature replaced fixed minimums with a formula: after 312 weeks the minimum equals 36% of the current state average weekly wage (no retroactivity clause).
- By July 2008 the formula-based minimum exceeded O'Connor's $241 weekly payment. O'Connor petitioned the Commission to increase his award to 36% of the then-current average weekly wage.
- An ALJ granted O'Connor summary judgment; the Commission reversed, concluding the 1988 amendment was not retroactive and the law at the time of injury controlled. O'Connor sought judicial review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 1988 amendment (36% of current AWW minimum) applies to benefits for a 1983 injury | O'Connor: the relevant event is when his payments fell below the statutory minimum (2008); amendment is procedural/should apply | ERF: entitlement arises at time of injury (1983); the controlling law is the statute in effect at injury; 1988 amendment is not retroactive | Court: Law at time of injury governs; 1988 amendment not retroactive; Commission's decision affirmed |
Key Cases Cited
- State v. Clark, 251 P.3d 829 (Utah 2011) (clarifies that applicability depends on the event regulated—apply law in effect at time of event)
- Brown & Root Industrial Servs. v. Industrial Comm'n of Utah, 947 P.2d 671 (Utah 1997) (amendment affecting workers' compensation benefits that altered substantive rights did not apply retroactively)
- Marshall v. Industrial Comm'n, 704 P.2d 581 (Utah 1985) (interest on overdue benefits can apply retroactively because interest is incident to an existing right)
- Utah State Road Comm'n v. Industrial Comm'n, 168 P.2d 319 (Utah 1946) (the law governing compensation is that in effect when the injury occurred)
- Petersen v. Utah Labor Comm'n, 416 P.3d 583 (Utah 2017) (applies principle that compensation law is that which existed at time of injury)