Utah Court of Appeals Upholds Workers Compensation Decision Allowing Surgery

On August 19, 2010, the Utah Court of Appeals upheld the Utah Labor Commission Appeals Board’s order affirming a decision permitting a surgery that was required after an employee suffered an industrial injury.  In Resort Retainers v. Labor Commission, the Court of Appeals ruled that Labor Commission Appeals Board had not erred when it affirmed the ALJ’s decision to allow the petitioner to file a doctor’s opinion late in the proceeding and the ALJ’s decision to refer the matter to a medical panel, and when the Appeals Board affirmed the medical panel recommended surgery.