333 P.3d 1261
Utah Ct. App.2014Background
- 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.
Issues
| 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. |
Key Cases Cited
- 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)