Residential & Commercial Construction Co. v. Industrial Commission

529 P.2d 427, 1974 Utah LEXIS 643

• Court: Utah Supreme Court
• Decided: December 12, 1974
• Docket: 13230
• Status: Published

Opinions

TUCKETT, Justice:

Certiorari to review an award of compensation to Gary Lynn Eskelson. The question the Court is to determine is whether there is competent evidence from which the Commission -could find that there was an accident in the course of employment which resulted in his being unable to work for a period of time and also for medical costs incurred in. relation thereto. On November 5, 1970, Eskelson was employed by Residential And Commercial Construction Company as a carpenter’s helper. On that day he was engaged in moving lumber and after he had completed that task he was unable to straighten up. Eskelson described the pain which ensued as being sharp and severe in the lower back and down the backs of both legs to the ánkles. Eskelson continued to work until about 30 minutes before the usual quitting time when he reported the incident to the foreman and went home. Eskelson did not return to work until September, 1971.

Various diagnostic procedures were undertaken with uncertain results by Eskel-son’s attending physician who then performed an exploratory operation. During the course of the operation a bone chip was excised from Eskelson’s back. It was the opinion of the medical panel that the bone chip resulted from a congenital anomaly rather than from trauma. The chairman of the medical panel was of the opinion that Eskelson’s problems were consistent with the lumbosacral strain brought about by lifting, bending and twisting in the course of his ordinary work. The hearing examiner nevertheless found that the lumbosacral strain suffered by Eskel-son was an unanticipated and unintended occurrence, different from what would normally be expected to occur in the usual course of events. This finding was adopted by the Commission. The hearing examiner and the Commission concluded that Eskelson had suffered an accidental injury and was entitled to compensation for a period of twelve weeks in the sum of $693.60 and that the plaintiffs were ordered to pay the medical costs incurred including the cost of the exploratory operation.

Plaintiffs have failed to show that the Commission was arbitrary or capricious and we are of the opinion that the decision of the Commission was based upon credible evidence.¹ The decision of the Commission is affirmed.

HENRIOD, J., concurs.

1 . Park Utah Consol. Mines Co. v. Industrial Commission, 106 Utah 464, 150 P.2d 116; Purity Biscuit Co. v. Industrial Commission, 115 Utah 1, 201 P.2d 961; Baker v. Industrial Commission, 17 Utah 2d 141, 405 P.2d 613.