Valdez v. Labor Commission
2017 UT App 64
Utah Ct. App.2017Background
- Antonio Valdez, a Unified Police Department officer, hit a dislodged motorcycle part while pursuing vehicles in June 2010; he felt neck and lower back pain and later was diagnosed with preexisting diffuse idiopathic skeletal hyperostosis (DISH) and degenerative spine disease.
- He received treatment and temporary disability benefits through February 2012; later events (May 2012 PIT training head injury and August 2012 altercation) and disease progression led to work restrictions (no violent encounters, lifting limits, sedentary work).
- Valdez sought permanent total disability benefits, alleging the 2010 accident caused his inability to continue as an active police officer.
- An independent medical panel found the 2010 accident aggravated Valdez’s preexisting DISH but that the aggravation had resolved by November 2011; the panel attributed current limitations to progression of the underlying disease, not the accident.
- The Utah Labor Commission and Appeals Board adopted the medical panel’s findings and denied permanent total disability benefits beyond November 2011; Valdez appealed to the court of appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether permanent total disability compensation is owed because the 2010 accident ultimately ended Valdez’s police career | Valdez: the accident revealed/aggravated DISH and thus caused his inability to work as a police officer; any aggravation of DISH is permanent and justifies permanent benefits | Respondents: accident caused only a temporary aggravation resolved by Nov. 2011; current limitations stem from progressive preexisting DISH, not the industrial accident | Court: Affirmed — the Allen causation test applies; medical panel and record show aggravation was temporary and resolved by Nov. 2011, so no compensable permanent disability due to the accident |
Key Cases Cited
- Allen v. Industrial Comm’n, 729 P.2d 15 (Utah 1986) (establishes test for compensable aggravation of preexisting conditions requiring legal and medical causation)
- Virgin v. Board of Review of the Indus. Comm’n of Utah, 803 P.2d 1284 (Utah Ct. App. 1990) (medical causation and aggravation of preexisting conditions are factual questions)
- Acosta v. Labor Comm’n, 44 P.3d 819 (Utah Ct. App. 2002) (Allen test applies whether preexisting condition was symptomatic or asymptomatic before the accident)
- Hutchings v. Labor Comm’n, 378 P.3d 1273 (Utah Ct. App. 2016) (medical causation is a factual determination; medical panel reports can supply substantial evidence)
- Petersen v. Labor Comm’n, 385 P.3d 759 (Utah Ct. App. 2016) (temporary aggravation by an industrial accident yields compensable treatment only while nexus to the accident exists)