270 P.3d 568
Utah Ct. App.2012Background
- Wood was employed by Karr Painting and Decoration Inc. as a painter on May 1, 2007 in a three-story Salt Lake City home with an elevator shaft.
- According to a coworker, Wood drank alcohol at the job site after lunch and then slept for about two hours in a first-floor closet.
- When he awoke, Wood moved to the second floor and fell into the elevator shaft, sustaining serious injuries for which he sought workers’ compensation benefits.
- The ALJ found the accident occurred within the course of employment, but the Board reversed, concluding Wood was not acting in the course of employment at the time of injury due to alcohol use and the nap.
- The Board determined Wood had ceased performing work or activities incidental to work and had removed himself from his job duties by 4 p.m., with no work available around the shaft area.
- The Utah Court of Appeals must review the Board’s decision and uphold it if legally correct, giving deference to factual findings but examining legal conclusions for correctness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether intoxicated nap departs from the course of employment | Wood contends the nap did not depart from the course of employment. | Board found Wood ceased work and departed from the course of employment during the nap. | Board correct; no course of employment at injury. |
| Whether Wood returned to the course of employment after the nap | Wood argued he returned to the course of employment after waking. | Defendants argued there was no return to work activity tied to employment. | Board's finding that Wood did not return to employment duties is not disturbed. |
| Whether Wood adequately preserved the return-to-work argument for appellate review | Wood argued the return-to-work theory was preserved and reviewed on appeal. | UEF contends it was not properly preserved. | Wood adequately preserved; argument reviewed. |
Key Cases Cited
- Walls v. Industrial Comm’n, 857 P.2d 964 (Utah Ct. App. 1993) (defined course-of-employment test with time/place/circumstances)
- Drake v. Industrial Comm’n, 939 P.2d 177 (Utah 1997) (standard for reviewing Board findings on mixed questions of law and fact)
- Zupon v. Industrial Comm’n, 860 P.2d 960 (Utah Ct. App. 1993) (preservation of issues for review in ALJ vs Board context)
- Frito-Lay v. Utah Labor Comm’n, 2009 UT 71 (Utah) (Labor Commission broad authority to review orders)
- Columbia HCA v. Labor Comm’n, 2011 UT App 210 (Utah App. 2011) (issues on appeal need only be raised to ALJ or Board to preserve)
- Salt Lake City Corp. v. Labor Comm’n, 2007 UT 4 (Utah) (liberal construction of act to favor coverage for workers)