Workers’ Compensation~Occupational Safety & Disease
Boynton v. Kennecott Utah Copper, LLC (Utah, November 18, 2021) (reversing summary judgment in favor of Kennecott on Boynton’s take-home asbestos exposure claim in connection with his wife’s mesothelioma death: premises owners are liable to their employees‘ co-habitants for take-home asbestos exposure)
Sysco v. Labor Commission (Utah Ct. App., November 18, 2021 (#126)) (declining to disturb the Commission’s decision rejecting the original medical panel report, which asserted that employee Roberts (injured in four separate automobile accidents) should not receive permanent total disability benefits: Sysco failed to demonstrate that it had been denied due process, that the Commission exceeded its authority, or that it erred in appointing a second medical panel. Nor did Sysco adequately challenge the exclusion of surveillance evidence)
Sysco v. Labor Commission (Utah Ct. App., November 18, 2021 (#127)) (leaving undisturbed the Commission’s determination that Sysco had forfeited the right to collect an offset for third-party damages employee Roberts had earlier collected against the permanent total disability (PTD) benefits Sysco was ordered to pay him: Sysco forfeited its right to pursue the offsets because it failed to assert them when adjudicating Roberts’s PTD claim)
*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
