American Roofing Co. v. Industrial Commission

752 P.2d 912, 80 Utah Adv. Rep. 15, 1988 Utah App. LEXIS 64, 1988 WL 33178
CourtCourt of Appeals of Utah
DecidedApril 13, 1988
Docket870189-CA
StatusPublished
Cited by11 cases

This text of 752 P.2d 912 (American Roofing Co. v. Industrial Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Roofing Co. v. Industrial Commission, 752 P.2d 912, 80 Utah Adv. Rep. 15, 1988 Utah App. LEXIS 64, 1988 WL 33178 (Utah Ct. App. 1988).

Opinion

OPINION

BENCH, Judge:

American Roofing Company (American Roofing) and its insurance carrier Employer’s Mutual Liability petition this Court for review of an order of the Industrial Commission (Commission) awarding workers’ compensation benefits to an injured employee.

In February 1956, George Green, an employee of J.E. Steel Company (J.E.), injured his lower back in an industrial accident. He received medical treatment and, between 1956 and 1983, visited two chiropractors for occasional treatments. In February 1983, Green, while still employed by J.E., now known as Paulsen Steel Company (Paulsen), fell on a ladder and again injured his lower back. Following this injury, Green began experiencing severe stabbing pains beginning in his lower back and moving down his legs. Green would typically treat his pain with a hot bath and rest. In the summer of 1983, Green left Paulsen and was hired by American Roofing. Green’s pains increased in May 1985, and he consulted Dr. Henrie, an orthopedic surgeon. Dr. Henrie diagnosed a degenerative spinal condition and scheduled a CAT scan and lumbar myelogram for September 25, 1985.

On September 6, while still in the employ of American Roofing, Green attempted to unload a thirty pound bucket of debris out of his truck. As he leaned over the bed and lifted the bucket, the bucket snagged on something and Green suffered a much more severe “lightning bolt” of pain in his back and legs. After several minutes, Green was able to get into his car and return home. He never returned to work again. The CAT scan and myelogram were performed as scheduled as well as a chemo-nucleolysis in November 1985. Green was diagnosed as suffering from disc herniation.

Green filed applications for a hearing seeking disability benefits from the 1983 and 1985 accidents. After a hearing on May 1,1986, the Administrative Law Judge *914 (A.L.J.) referred the matter to a medical panel. The medical panel found the 1956, 1983, and 1985 injuries all contributed equally to the permanent degenerative problem present in Green’s back. The panel concluded Green has a 24% permanent physical impairment due to the three injuries. Green was referred to the Utah Division of Rehabilitative Services which concluded he was not a feasible candidate for rehabilitation.

In his findings, conclusions, and order, and based on the findings of the medical panel and Rehabilitative Services, the A.L. J. found both the 1983 and 1985 injuries were compensable accidents which, together with the 1956 accident, rendered Green permanently and totally disabled. The A.L.J. concluded Green had a total combined permanent partial impairment of 24%, 8% attributable to each of the three injuries. At the time of the 1985 accident, Green worked approximately thirteen hours per week at a wage of $15.47 per hour. The A.L.J. determined Green was entitled to a compensation rate of $134.00 per week — two-thirds of Green’s average weekly wage of $201.11 — pursuant to Utah Code Ann. § 35-1-67 (1987). The A.L.J. held American Roofing, Paulsen, and the Second Injury Fund each liable for one-third of the benefits, and ordered American Roofing to pay all reasonable medical expenses incurred as a result of the 1985 accident.

Green filed a motion for review with the Commission arguing the compensation rate should be two-thirds of the average weekly wage at a minimum of twenty hours per week, or $206.37, pursuant to Utah Code Ann. § 35-l-75(l)(e) (1987). Paulsen also filed a motion for review claiming compensation benefits should solely be apportioned between American Roofing, the 1985 employer, and the Second Injury Fund. The A.L.J. issued a supplemental order rejecting both claims and affirming his findings, conclusions, and order. Motions for review were again filed and the Commission issued an order granting motion for review. In its order dated April 22, 1987, the Commission affirmed the compensable accident rulings. The Commission amended the A.L. J.’s order to reflect a compensation rate of $201.00 in order to satisfy the requirements of both sections 35-1-67 and -75(l)(e). The Commission also recalculated and reapportioned liability for the benefits award in light of the Utah Supreme Court’s decision in Richfield Care Center v. Torgerson, 733 P.2d 178 (Utah 1987). American Roofing filed a petition with this Court for review of the Commission’s order.

On petition for review, American Roofing argues the 1985 injury was not the result of a compensable industrial accident as defined by statute and Utah case law. In reviewing a decision by the Commission, “this Court will not disturb the findings and orders of the Commission unless they are arbitrary and capricious, and they are arbitrary and capricious when they are contrary to the evidence or without any reasonable basis in the evidence.” Rushton v. Gelco Express, 732 P.2d 109, 111 (Utah 1986).

Utah Code Ann. § 35-1-45 (1987) states, “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_” In Allen v. Industrial Commission, 729 P.2d 15 (Utah 1986), the Utah Supreme Court interpreted section 35-1-45 as creating two prerequisites to finding a compensable injury. First, the claimant must prove the injury occurred “by accident.” An accident, as defined in Allen, is “an unexpected or unintended occurrence that may be either the cause or the result of an injury.” 729 P.2d at 22 (emphasis in original). In the instant case, American Roofing argues that since Green had been experiencing the bolts of pain in his lower back and legs since the 1983 accident, the 1985 injury was not unexpected and therefore not by accident. Although Green had previously experienced pain in his lower back and legs, after a period of rest he was able to return to work. However, when lifting the bucket of debris, Green suffered an injury which rendered him totally and permanently disabled, unable to return to work. Such an *915 injury was not expected or intended, and therefore a finding of “by accident” was not arbitrary and capricious but supported by the evidence.

The second prerequisite for finding a compensable injury is proof of a causal connection between the injury and the claimant’s employment duties. Id. The element of causation requires proof of both legal cause and medical cause. American Roofing does not raise the issue of medical causation, but does argue Green failed to establish legal causation. Under Allen, “[t]o meet the legal causation requirement, a claimant with a preexisting condition must show that the employment contributed something substantial to increase the risk he already faced in everyday life because of his condition.” Id. at 25.

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Bluebook (online)
752 P.2d 912, 80 Utah Adv. Rep. 15, 1988 Utah App. LEXIS 64, 1988 WL 33178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-roofing-co-v-industrial-commission-utahctapp-1988.