 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
SMITH v. MITY LITE6/5/1997
Petitioner Robert Smith seeks review of an Industrial Commission order denying him permanent total disability workers' compensation benefits for an industrial accident. We reverse and remand for further proceedings.
BACKGROUND
On May 23, 1990, while Smith was employed by respondent Mity Lite, he injured his back when he lifted a heavy pallet. Subsequently, Smith consulted and was examined by four different physicians. All four physicians recommended some form of physical therapy, physical conditioning, and weight loss, rather than surgery, to treat his back pain.
On January 11, 1991, Smith consulted a fifth doctor, Dr. James Adams, a neurosurgeon, who recommended and performed spinal surgery in May 1991, and two follow-up surgeries in May and August 1992. In spite of Smith's medical treatments, he has experienced chronic pain since the industrial accident and finds it necessary to treat the pain every few hours with morphine prescribed by Dr. Adams. Smith says he is unable to sit for an extended time period and his ability to walk is limited.
Prior to the accident, Smith had always worked as a general laborer, working such jobs as construction, custodial, and ditch digging. Smith's formal education ended after the fifth grade, and he lacks the ability to read well.
Since the industrial accident, Smith has been unemployed. The Social Security Administration granted Smith Social Security Disability benefits as of the accident date based on its finding that he has been unable to work due to a herniated disc with peridural adhesions.
Smith filed a claim with the Commission under section 35-1-67 of the Utah Code for permanent total disability benefits. Because there were conflicting medical reports, the administrative law judge (ALJ) appointed a medical panel to consider Smith's claims as required by Rule 568-1-9 of the Utah Administrative Code. The medical panel consisted of an orthopedist and a neurologist. The panel also had a psychiatrist evaluate Smith. The medical panel found that Smith had a thirteen percent impairment of his lower back, eight and seven-tenths percent of which was attributable to the industrial accident. The panel also found a seven percent whole person impairment for a preexisting shoulder injury , which, because of the severity of his back injury, was not a restrictive factor, and a five percent impairment for his psychiatric conditions.
The ALJ found that although Smith's treating physician, Dr. Adams, gave Smith a 100% disability rating, Dr. Adams's report was not prepared in accordance with the 4th edition of the AMA Guides to the Evaluation of Permanent Impairment as modified, and thus, could not be considered because it provided "very little objective information." The ALJ concluded that Smith was not permanently
and totally disabled as a result of the May 23, 1990 industrial accident because Smith had failed to meet his burden of proof by a preponderance of the evidence. The ALJ ordered that Smith receive $19,454 for temporary total disability compensation from May 23, 1990 through October 1, 1992, less any workers' compensation already paid for this period, in addition to all medical expenses incurred as a result of the industrial accident. The ALJ further ordered that Smith receive permanent partial disability of eight and seven-tenths percent of the whole person for a total of $6432.18, less any amount already paid for permanent partial disability.
Smith then appealed the ALJ's denial of his claim for permanent total disability compensation to the Commission. The Commission adopted the medical panel's report and concluded that Smith "failed to establish by a pre
Page 1 2 3 4 5 6 7 Utah Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|