Allen v. Industrial Commission

729 P.2d 15, 46 Utah Adv. Rep. 3, 1986 Utah LEXIS 918
CourtUtah Supreme Court
DecidedNovember 14, 1986
Docket20026
StatusPublished
Cited by110 cases

This text of 729 P.2d 15 (Allen v. Industrial Commission) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. Industrial Commission, 729 P.2d 15, 46 Utah Adv. Rep. 3, 1986 Utah LEXIS 918 (Utah 1986).

Opinions

DURHAM, Justice:

Claimant Robert A. Allen seeks a review from the Industrial Commission’s denial of his motion for review of an administrative law judge order denying him compensation for a back injury sustained at work. For the reasons stated below, we reverse and remand.

On November 23, 1982, the claimant, aged 36, was employed as night manager of Kent’s Foods. The claimant testified to the following version of events at a hearing before an administrative law judge. The claimant was working in a confined cooler in the store stacking crates, containing four to six gallons1 of milk, from the floor onto a cooler shelf. While lifting one crate to about chest level, he suddenly felt a sharp pain in his lower back. He immediately set down the crate and asked another employee to continue stocking the shelves. The claimant completed the one-half hour remaining in his shift doing desk work. That night the pain increased, and by morning his left leg felt numb. Four or five days later, he saw Dr. Ivan Wright about his back problem. Initial doctor visits during December were followed through with the prescribed treatment of bed rest and medication. A myelo-gram finally revealed a herniated disc, and the claimant spent ten days in traction in the hospital in early January. He did not return to work.

The claimant also testified he had a history of prior back injuries, including a fall from a telephone pole at age fourteen which required him to wear a back brace for several months, a back injury in 1977 while lifting sand bags for the Logan School District, and another fall while working for that employer when he slipped on a slick concrete ramp and broke his coccyx. None of the prior injuries resulted in prolonged absences from work.

The testimony from other sources varied slightly from the report given by the claimant. The employer’s report of injury describes the accident as “picking up freight and stocking it on shelves, lifting boxes and stacking them from truck.” No specific event was mentioned in the employer’s report. The medical records of treating physicians described the claimant’s previous injuries, but omitted any reference to a specific incident in the cooler. Dr. Hannan, who examined the claimant on December 31, 1982, wrote, “He does not remember any distinct episode as having precipitated his current problem, however.” And in a letter from Dr. Bryner to Dr. Wright dated January 13, 1983, the claimant’s history was related as follows: “About six weeks ago, however, he was lifting material at work, and recalls no specific injury or stress but developed discomfort in his left groin area which ultimately extended into his big toe.”

The administrative law judge found that the claimant’s injury to his back on November 23, 1982, was not “an injury by accident arising out of or in the course of employment.” It is apparent that the administrative law judge, using a specific episode analysis, concluded there was no “accident” because there was no identifiable [18]*18event that caused the injury and because lifting the crates of milk was a routine and commonplace exertion expected of the job. The administrative law judge analogized the facts of this case to Farmer’s Grain Cooperative v. Mason, 606 P.2d 237 (Utah 1980), where a gradually developed back injury was held to be not compensable where the condition worsened without the intervention of any external occurrence or trauma.

The sole issue on appeal is whether the claimant, who had suffered preexisting back problems and was injured as the result of an exertion usual and typical for his job, was injured “by accident arising out of or in the course of employment” as required by the Workers’ Compensation Act, U.C.A., 1953, § 35-1-45 (Supp.1986). That Act, in pertinent part, provides:

Every employee ... who is injured ... by accident arising out of or in the course of his employment ... shall be paid compensation for loss sustained on account of the injury....

Id. This statute creates two prerequisites for a finding of a compensable injury. First, the injury must be “by accident.” Second, the language “arising out of or in the course of employment” requires that there be a causal connection between the injury and the employment. See Pittsburgh Testing Laboratory v. Keller, 657 P.2d 1367, 1370 (Utah 1983). Prior decisions by this Court have often failed to distinguish the analysis of the accident question from the discussion of causation elements.2 As a result, this Court and the Commission are faced with confusing and often inconsistent precedent. For this reason we now undertake a fresh look at the policy and historical background of the workers’ compensation statute in an attempt to provide a clear and workable rule for future application by the Commission.

I.

The term “by accident” is not defined in the workers’ compensation statutes. The most frequently referenced authority for the definition of “by accident” is the case of Carling v. Industrial Commission, 16 Utah 2d 260, 399 P.2d 202 (1965), where the term was defined as follows:

[An accident] connotes an unanticipated, unintended occurrence different from what would normally be expected to occur in the usual course of events.... [T]his is not necessarily restricted to some single incident which happened suddenly at one particular time and does not preclude the possibility that due to exertion, stress or other repetitive cause, a climax might be reached in such manner as to properly fall within the definition of an accident as just stated above. However, such an occurrence must be distinguished from gradually developing conditions which are classified as occupational diseases....

Id. at 261-62, 399 P.2d at 203 (citing Jones v. California Packing Corp., 121 Utah 612, 616, 244 P.2d 640, 642 (1952), and Purity Biscuit Co. v. Industrial Commission, 115 Utah 1, 201 P.2d 961 (1949)). Some confusion has developed as to whether “by accident” requires proof of an unusual event. This issue frequently arises when the employee suffers an internal failure3 brought about by exertions in the [19]*19workplace. It is clear, however, that our cases have defined “by accident” to include internal failures resulting from both usual and unusual exertions. See Schmidt v. Industrial Commission, 617 P.2d 693, 695 (Utah 1980).

This Court first discussed the term “by accident” in Tintic Milling Co. v. Industrial Commission, 60 Utah 14, '206 P. 278 (1922), where an accident was said to be “something out of the ordinary, unexpected, and definitely located as to time and place.” 60 Utah at 22, 206 P. at 281. This definition was used to distinguish injuries which occurred gradually and were covered under statutory provisions for occupational disease. Id. The Court in Tin-tic Milling also acknowledged that where the claimant suffers an internal failure the “unexpected result” rule of the seminal English case of Fenton v. Thorley, [1903] A.C. 443, 72 L.J.K. 789, 5 W.C.C.

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Bluebook (online)
729 P.2d 15, 46 Utah Adv. Rep. 3, 1986 Utah LEXIS 918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-industrial-commission-utah-1986.