Prows v. Labor Commission, 333 P.3d 1261

Prows, a brickmason with 25+ years experience, fell from scaffolding in 2007, injuring his shoulder and head.
In 2011 he applied for permanent total disability benefits under Utah Workers’ Compensation Act; Attending Physician said disability lasted at least until 2/1/12.
In December 2011 Prows began working at the VA Hospital sorting mail for wages; he did not withdraw or adjust his disability claim.
ALJ granted summary judgment to Allen’s Masonry, finding Prows was gainfully employed and thus not permanently totally disabled.
Commission affirmed, ruling gainful employment precluded permanent total disability even for the period he was not employed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether current gainful employment defeats PTD status	Prows argues PTD may attach to the period he did not work, irrespective of current employment.	Respondents argue current gainful employment defeats PTD entitlement under § 34A-2-413(1)(c)(i).	Yes; current gainful employment precludes PTD entitlement.

Matthews v. Olympus Constr., LC (In re Olympus Constr., LC), 215 P.3d 129 ( Utah 2009) (statutory interpretation guiding plain-language approach)
Hutter v. Dig-It, Inc., 219 P.3d 918 ( Utah 2009) (statutory interpretation and plain meaning)
LPI Servs. v. McGee, 215 P.3d 135 ( Utah 2009) (interpretation of statutory terms in context)
King v. Industrial Comm., 850 P.2d 1281 (Utah Ct. App. 1993) (post-award change in circumstance discussed)
Sierra Club v. Air Quality Bd., 226 P.3d 719 (Utah 2009) (statutory interpretation and administrative agency review)
Murray v. Labor Comm'n, 2013 UT 38, 308 P.3d 461 ( Utah Supreme Court 2013) (abrogation context and standards for agency interpretations)