Cases—December 4th through 10th, 2022

Workers’ Compensation ~ Occupational Safety and Disease

Mitchell v. Labor Commission (Utah Ct. App., December 8, 2022) (Mitchell claimed that one of the medical panel members reviewing his workers’ compensation claim was not impartial. The Commission rejected his objection because he failed to show “actual bias.” The Court of Appeals set aside the Commission decision, however, citing recent Utah Supreme Court determination that the heightened “actual bias” standard does not comport with the Workers’ Compensation Act, the correct standard being whether a panelist’s impartiality can reasonably be questioned; if so, the statutory requirement of impartiality has not been met.)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.