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SMITH v. MITY LITE6/5/1997
5, 18 (Utah 1986). In this case, it is undisputed that Smith's injury occurred "by accident" and that there was legal causation. Only medical causation is at issue in this case.
In Allen, the supreme court outlined the test for medical causation: "To prove medical causation, a claimant must introduce evidence to show 'the disability is medically the result of an exertion or injury that occurred during a work-related activity.' " Ortiz v. Industrial Comm'n, 766 P.2d 1092, 1094 (Utah Ct.App. 1989) (quoting Allen, 729 P.2d at 27). " 'In the event the claimant cannot show a medical causal connection, compensation should be denied.' " Id. at 1094-95 (quoting Allen, 729 P.2d at 27). Furthermore, " he standard of proof for causation is by a preponderance of the evidence." Large v. Industrial Comm'n, 758 P.2d 954, 956 (Utah Ct.App. 1988).
Section 35-1-67 of the Utah Code outlines a procedure which the Commission must follow to determine permanent total disability. This section provides, in pertinent part:
A finding by the commission of permanent total disability shall in all cases be tentative and not final until all of the following proceedings have occurred:
(a) Upon tentatively determining that an employee is permanently and totally disabled, the commission shall . . . refer the employee to the vocational rehabilitation agency under the State Board of Education for rehabilitation training. .
(b) If the vocational rehabilitation agency under the State Board of Education certifies to the commission in writing that the employee has fully cooperated with that agency in its efforts to rehabilitate the employee, and in the opinion of the agency, the employee is not able to be rehabilitated, the commission shall . . . hold a hearing to consider the agency's opinion as well as other evidence regarding rehabilitation. . . . An employee is not entitled to compensation, unless the employee fully cooperates with any rehabilitation effort under this section.
Utah Code Ann. ยง 35-1-67(5) (1988) (amended). In Hardman v. Salt Lake City Fleet Management, 725 P.2d 1323 (Utah 1986), the supreme court recognized that this section "does not set forth . . . those often unquantifiable factors that establish permanent total disability, even on a tentative basis." Id. at 1325 (holding employee had established prima facie case of tentative permanent total disability before Commission). Accordingly, in reviewing whether an employee had, in fact, met his burden of proof, the Hardman court examined prior Utah case law. See id. at 1326-27. The court concluded, "that a worker may be found totally [permanently] disabled if he can no longer perform work of the general nature he was performing when injured, or 'any other work which a man of his capabilities may be able to do,' or to learn to do or for which he might be trained." Id. at 1325 (quoting United Park City Mines Co. v. Prescott, 15 Utah 2d 410, 393 P.2d 800, 801-02 (1964)); see also Entwistle Co. v. Wilkins, 626 P.2d 495, 498 (Utah 1981) (stating "total disability" does not mean "that the injured employee must be unable to do any work at all"; rather, an employee's disability may be "total if he can no longer perform the duties of the character required in his occupation prior to his injury.").
In Hardman, the court determined that the Commission had erred in relying solely on the medical panel's report of impairment and in failing to make any findings of fact regarding the employee's claimed disability. Hardman, 725 P.2d at 1326. The Hardman court explained that
The Commission, by adopting the findings of the medical panel as its own, failed to
carry out its task. It appears to ha
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