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SMITH v. MITY LITE6/5/1997
l's psychiatric examiner diagnosed Smith as suffering from depression and adopted the psychiatric examination of an independent psychiatrist that Smith suffered from somatoform pain disorder, opiate dependency, and personality disorder. Prior to the industrial accident, these conditions did not impair Smith's ability to perform his job — in fact, it is because of his back pain that Smith has become dependent on opiate medications. Moreover, Smith contends
he suffers from depression as a result of no longer being able to work and support his family as he did prior to the industrial accident.
In finding medical causation, there is not a particular threshold requirement of physical impairment. See Hardman, 725 P.2d at 1325-26; Marshall, 681 P.2d at 211-13. Rather, a claimant has met his burden of proving medical causation if by a preponderance of the evidence he or she can establish that "the disability is medically the result of an exertion or injury that occurred during a work-related activity." Allen, 729 P.2d at 27. In adopting the medical panel's report, the Commission essentially found that Smith had, as a result of an industrial accident, suffered a back injury which resulted in an eight and seven-tenths percent impairment of his whole person. Further, the Commission awarded Smith temporary total disability and permanent partial disability benefits based upon the medical panel's report and other factual evidence. While the issue of temporary total disability and permanent partial disability are distinct from the issue of permanent total disability, the Commission essentially found medical causation and then determined, without following the proper procedural steps, that Smith was not entitled to permanent total disability benefits because he had failed to prove that the claimed permanent total disability was wholly caused by the industrial accident. Such a standard for causation is simply too high. Contrary to the Commission's conclusion, Smith did establish medical causation — the uncontroverted facts and relevant portions of the medical panel's report as adopted by the Commission undeniably establish that an industrial accident caused a portion of Smith's physical impairment; that he cannot perform his former job ; and that he is currently disabled. As such, the Commission erred in not making a tentative finding of permanent total disability and referring Smith to the division of vocational rehabilitation.
In making its decision that in spite of Smith's disability he was not permanently totally disabled, the Commission collapsed the decision-making process and ignored the procedural steps required under the sequential decision-making process and the odd lot doctrine. Smith has proven medical causation, and he has established a prima facie case of permanent total disability. Accordingly, it is "mandatory that the industrial commission of Utah refer [Smith] to the division of vocational rehabilitation under the State Board of Education for rehabilitation training." Utah Code Ann. § 35-1-67(5)(a) (1988) (amended). It is then the province of the division of vocational rehabilitation to determine whether Smith can, through adequate conditioning, be employable, or whether he is unable to be successfully rehabilitated and is entitled to permanent total disability benefits. See id. § 35-1-67(5)(b). If the division of vocational rehabilitation certifies that Smith has fully cooperated, and that in its opinion he is unable to be rehabilitated, the Commission must then consider the issue of permanent total disability. See id.
CONCLUSION
Thus, we hold that Smith presented a prima facie case of permanent total disability to the Commission. We remand this matter to th
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