Specialty Cabinet Co. v. Montoya

734 P.2d 437, 47 Utah Adv. Rep. 21, 1986 Utah LEXIS 921
CourtUtah Supreme Court
DecidedNovember 28, 1986
DocketNos. 19895, 20051
StatusPublished
Cited by5 cases

This text of 734 P.2d 437 (Specialty Cabinet Co. v. Montoya) 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
Specialty Cabinet Co. v. Montoya, 734 P.2d 437, 47 Utah Adv. Rep. 21, 1986 Utah LEXIS 921 (Utah 1986).

Opinion

ZIMMERMAN, Justice:

The State Insurance Fund and the employers involved in the two cases here decided, Specialty Cabinet and Utah Technical College, appeal from allowance of workers’ compensation benefits to Mark Montoya and William Marchant under U.C.A., 1953, § 35-1-45 (1974 ed. & Supp.1986). The question in each case is whether the employee suffered an injury “by accident arising out of or in the course of his employment.” Both cases are ruled by the holding in our recent case of Allen v. Industrial Commission, Utah, 729 P.2d 15 (1986). Based upon Allen, we hold that these employees were both injured “by accident” and that their injuries occurred “in the course of [their] employment,” thus entitling them to benefits.

Claimant Montoya, a shop foreman for Specialty Cabinet Company since December [438]*438of 1980, began feeling pain in his back on June 14,1983, while at work. Although his testimony is unclear in part, its general thrust is that the pain did not result from any specific event or activity; rather, it developed in the course of his routine work of designing and building cabinets. Among other things, this work involved lifting and carrying 4' x 8' sheets of particle board and cutting them to specific sizes. At his hearing before the administrative law judge, Montoya testified without contradiction that each sheet of particle board weighed between sixty and eighty pounds and at least more than a similar-sized piece of gypsum board or, as it is commonly known, sheet rock.

On June 15th, Montoya went to work, but left at midday, at his employer’s suggestion, because of increasing pain in his back. On June 17th, when the pain had radiated from his back into his right leg, Montoya sought treatment at Holy Cross Hospital. He was off work because of his back injury until June 27, 1983. Montoya claimed workers’ compensation benefits under section 35-1-45 for one week of missed work and for medical expenses.

The State Insurance Fund denied compensation on Montoya’s claim for the reason that Montoya was “not able to pinpoint a specific incident or exact date of injury” and so there was no “accident” to satisfy the standard of section 35-1-45. The administrative law judge, however, determined that the injury was compensable under section 35-1-45 and suggested that if the law required that an accident involve a “sharp pain [which] occurs at an identifiable moment versus a pain developing over several hours or perhaps a day or two,” then it would encourage claimants to fabricate their version of the events leading up to the injury, and truthful claimants such as Montoya would be unfairly penalized. The Industrial Commission denied the motion for review by a 2-1 vote, with the Commissioner of the Workers’ Compensation Division dissenting. The State Insurance Fund and Specialty Cabinet appeal.1

Claimant Marchant became a physical education instructor at Utah Technical College in September 1982. His duties included teaching racquetball and fitness for life classes. This involved his own participation in those classes between sixteen and nineteen hours per week. Beginning in January 1983, he began experiencing soreness in his right knee. During February 1983, he noticed a gradual loss of mobility and increased pain and restriction in his knee. On April 14, 1983, Marchant taught his normal classes and then participated in a racquetball tournament with his school team. This involved approximately seven hours of additional racquetball playing at the end of his usual day’s instruction. His knee was sufficiently sore after this activity to prompt him to make an appointment with an orthopedic surgeon. Several days later, he underwent out-patient arthroscopic surgery. Marchant missed only one day from work. He sought workers’ compensation benefits only for his medical expenses.

The State Insurance Fund denied coverage because the facts “clearly indicate that any difficulty with the knee was a result of a progressive situation and not the result of an accident definite as to place and time.” Citing his own prior decision in Specialty Cabinet Co. v. Montoya, the administrative law judge reversed and held that a compensable accident had occurred and was “a climax of a series of repeated stresses to his knee that ultimately resulted in a torn medial meniscus requiring surgical repair.” The Industrial Commission denied the motion for review, also by a 2-1 vote, with the Commissioner of the Workers’ Compensation Division dissenting. The State Insurance Fund and Utah Technical College appeal.2

[439]*439These cases, with similar factual circumstances and identical conclusions of law by the administrative law judge, both involve the troublesome problem of determining whether internal failures satisfy the “by accident” standard of section 35-1-45. The State Insurance Fund and the employers argue that in order to be compensable as an injury by accident, the precipitating event must be a time-definite, identifiable, and unusual occurrence and not simply something which happens within the normal stresses and strains of the employment activity. In support of this position, they rely on the Redman line of cases, including Pintar v. Industrial Commission, 14 Utah 2d 276, 382 P.2d 414 (1963); Redman Warehousing Corp. v. Industrial Commission, 22 Utah 2d 398, 454 P.2d 283 (1969); Church of Jesus Christ of Latterday Saints v. Industrial Commission, 590 P.2d 328 (Utah 1979); Farmers Grain Coop v. Mason, 606 P.2d 237 (Utah 1980); Sabo’s Electronic Service v. Sabo, 642 P.2d 722 (Utah 1982); and Billings Computer Corp. v. Tarango, 674 P.2d 104 (Utah 1983).

There is no doubt that this approach to the definition of “accident” finds extensive support in our past case law. However, the State Insurance Fund’s own counsel quite properly points out the existence of a contrary line of authority that does not require an incident which is definite as to time and place and from which the unexpected injury results. These cases include Purity Biscuit Co. v. Industrial Commission, 115 Utah 1, 201 P.2d 961 (1949); Schmidt v. Industrial Commission, 617 P.2d 693 (Utah 1980); Kaiser Steel Corp. v. Monfredi, 631 P.2d 888 (Utah 1981); and Kennecott Minerals Co. v. Industrial Commission, 675 P.2d 1187 (Utah 1983). After reviewing both lines of cases, and arguing effectively for the application of the Redman

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Bluebook (online)
734 P.2d 437, 47 Utah Adv. Rep. 21, 1986 Utah LEXIS 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/specialty-cabinet-co-v-montoya-utah-1986.