Stampin' Up, Inc. v. Labor Commission
2011 UT App 147
| Utah Ct. App. | 2011Background
- Gonzalez injured his shoulder Jan 20, 2006; WCF began temporary disability benefits on his behalf.
- Treating doctor released him to light-duty on Jan 26; employer provided light-duty and Gonzalez returned to full pay the same day.
- Gonzalez continued light-duty until April 12, 2006, when his employment was terminated for sending pornographic images; WCF then stopped benefits claiming light-duty remained available but Gonzalez had constructively rejected it.
- May 10, 2006 surgery left Gonzalez unable to perform light-duty; WCF resumed benefits; Aug 29 doctor released him to light-duty and benefits were again stopped; Oct 17, 2006 doctor released him to full-duty with no restrictions.
- January 2007 ALJ ruled in Gonzalez’s favor for April 12–May 9, 2006 and Aug 29–Oct 16, 2006 periods; 2010 Appeals Board affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 'available' light duty under 34A-2-410(2) includes light duty after termination for misconduct | Gonzalez had light-duty available; termination did not extinguish it. | Termination withdraws light-duty; no availability to accept. | Yes, light-duty available despite termination; benefits awarded. |
| Whether the statute requires a 'good cause' finding to deny benefits when termination occurs | No good cause requirement; benefits should be paid. | Good cause could negate availability and deny benefits. | Good cause not imposed; no change to entitlement under statute. |
Key Cases Cited
- King v. Industrial Comm'n, 850 P.2d 1281 (Utah Ct. App. 1993) (addressed whether incarceration bars benefits; favors employee)
- Heaton v. Second Injury Fund, 796 P.2d 676 (Utah 1990) (liberal construction of workers' compensation in favor of coverage)