474 P.3d 493
Utah Ct. App.2020Background
- Shawn White injured his left knee at work in 2016 while measuring a steel beam resting on welding tables; his right foot struck a ~6-inch block of wood, causing a twisting/grinding motion in the left knee.
- Medical panel found preexisting chronic degenerative joint disease in the left knee, concluded the work accident aggravated that condition, and assigned a 2% lower-extremity (1% whole-person) impairment.
- ALJ ordered White to attend a medical examination (ME) and to cooperate with forms; White contested signing the ME consent/disclosure forms.
- Because a preexisting condition contributed to the injury, the ALJ applied the heightened legal-causation standard (Allen), found the activity not objectively unusual or extraordinary, and denied benefits.
- The Labor Commission Appeals Board adopted the ALJ’s findings, treated legal causation as dispositive, and affirmed the denial; White sought judicial review challenging legal causation and the ALJ’s authority to require ME forms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether White satisfied the heightened legal-causation standard for injuries that aggravate a preexisting condition | White: the twisting/grinding mechanism and workplace conditions were unusual/extraordinary and substantially increased the risk beyond everyday life | Golden/Labor Comm’n: the incident was a routine trip/stumble while multitasking and not beyond ordinary nonemployment exertions | Held: Affirmed—activity was not objectively unusual or extraordinary; legal causation not met, claim denied |
| Whether ALJ had authority to require White to sign ME consent/disclosure forms and whether that order warrants injunctive relief | White: ALJ improperly forced him to waive privacy/tort rights by requiring execution of forms and seeks injunction barring such practice | Respondents: ME cooperation is permissible discovery; White failed to show he was prejudiced or that forms affected the merits | Held: Denied—White failed to show substantial prejudice or entitlement to injunction; relief not warranted |
| Challenge to use/constitutionality of the USIRG and impairment rating | White: USIRG unconstitutional and panel’s impairment rating improper | Respondents: (not reached) | Held: Not addressed—court did not reach these issues because legal causation disposes of the case |
Key Cases Cited
- Allen v. Industrial Comm’n, 729 P.2d 15 (Utah 1986) (establishes heightened legal-causation standard when a preexisting condition contributes to an injury)
- Murray v. Labor Comm’n, 308 P.3d 461 (Utah 2013) (two-step test: characterize precipitating activity under totality of circumstances; then determine whether activity is objectively unusual or extraordinary)
- Miera v. Industrial Comm’n, 728 P.2d 1023 (Utah 1986) (jumping into deep hole repeatedly held an unusual exertion)
- Stouffer Foods Corp. v. Industrial Comm’n, 801 P.2d 179 (Utah Ct. App. 1990) (repetitive, sustained pressure on high-pressure hose grips is not typical nonemployment activity)
- Peterson v. Labor Comm’n, 367 P.3d 569 (Utah Ct. App. 2016) (an awkward, peculiar lifting manner can render an activity unusual or extraordinary)
- JBS USA v. Labor Comm’n, 467 P.3d 905 (Utah Ct. App. 2020) (jumping away from a truck in exigent circumstances found an unusual exertion)
- Fastenal v. Labor Comm’n, 463 P.3d 90 (Utah Ct. App. 2020) (heightened standard is not intended to bar recovery by claimants with preexisting conditions)