Utah Supreme Court Affirms Labor Commission’s Discretion in Partial Disability Determinations.

In LPI Services v. McGee, the Utah Supreme Court ruled on July 21, 2009, that the Labor Commission had discretion to make rules as to what the phrase “other work reasonably available” meant under the permanent total disability provisions of the Workers Compensation statute. The employer of a former employee who had been injured on the job argued that, because the legislature had specifically included at least five considerations the Labor Commission must assess, the Labor Commission was statutorily prohibited from considering any other factors. The Supreme Court rejected the argument concluding that the legislative history demonstrated that the five factors were not intended to be exclusive. Accordingly, the Court affirmed the finding of permanent total disability based upon an analysis that included factors in addition to the five identified in the statute.