Pritchard v. Labor Commission
2019 UT App 184
Utah Ct. App.2019Background
- Pritchard worked for AutoLiv since 2007 and has a long history of cervical, thoracic, and lumbar degenerative disc disease documented by imaging and ongoing treatment.
- She received spinal treatment (including an injection) on October 13, 2011—two weeks before the period she later alleged work aggravated her condition.
- In January 2017 Pritchard filed a workers’ compensation claim seeking permanent total disability, alleging her condition was aggravated during Oct. 30, 2011–Sept. 13, 2014 by cumulative lifting.
- Conflicting medical opinions prompted the ALJ to refer causation to an independent medical panel.
- The Medical Panel concluded Pritchard’s condition was 100% caused by nonindustrial degenerative disease and that work may have been associated with pain episodes but did not cause or worsen the disease.
- The ALJ and the Utah Labor Commission adopted the panel’s findings; Pritchard appealed but did not persuasively challenge the factual findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Pritchard’s pre-existing spinal condition was "lit up" (became symptomatic) by work | Pritchard: work exposure lit up her dormant spinal condition during the claim period | Commission/Employer: condition was not dormant—she had ongoing symptoms and treatment before the claim period | Held: Substantial evidence supports that the condition was not asymptomatic before the claim period, so it was not "lit up." |
| Whether any lighting-up was medically caused or aggravated by work exposure | Pritchard: (argued generally that work aggravated condition) | Commission/Employer: medical panel and ALJ found work did not medically cause or worsen the degenerative disease | Held: Commission’s finding that work did not medically cause or worsen the condition is supported by substantial evidence and is affirmed. |
Key Cases Cited
- Johnston v. Labor Comm’n, 307 P.3d 615 (Utah Ct. App. 2013) (lighting-up/aggravation theory and causation requirements)
- Crosland v. Board of Review, 828 P.2d 528 (Utah Ct. App. 1992) (industrial aggravation of preexisting disease compensable if medical/legal cause shown)
- Tintic Milling Co. v. Industrial Comm’n, 206 P.278 (Utah 1922) (definition of "lighting up" a dormant condition)
- Pinyon Queen Mining Co. v. Industrial Comm’n, 204 P.323 (Utah 1922) (acceleration of dormant disease by work exposure triggers lighting-up rule)
- Atamanczyk v. Department of Workforce Services, 283 P.3d 1071 (Utah Ct. App. 2012) (standard of review and deference to agency factfinding)