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Cunningham v. Labor Commn

IN THE UTAH COURT OF APPEALS ----ooOoo---Christy Cunningham, Petitioner, v. Labor Commission, Convergys, and/or Kemper Insurance, Respondents. MEMORANDUM DECISION (Not For Official Publication) Case No. 20030152-CA F I L E D (August 19, 2004) 2004 UT App 276

----Original Proceeding in this Court Attorneys: Michael Gary Belnap, Ogden, for Petitioner Alan Hennebold, Theodore E. Kanell, and D. Scott Berrett, Salt Lake City, for Respondents ----Before Judges Billings, Bench, and Thorne. THORNE, Judge: Christy Cunningham appeals the Labor Commission Appeals Board's (the Commission) decision rejecting her claim for additional workers' compensation benefits. We affirm. Cunningham first argues that the Commission acted arbitrarily and capriciously in failing to enter its own findings of fact or formally adopt the findings of the Administrative Law Judge (ALJ). We disagree. "[B]ecause the Legislature has explicitly delegated discretion to the Commission to apply the law in this area[,] . . . we will affirm the Commission's decision so long as it falls within 'the bounds of reasonableness and rationality.'" Whitear v. Labor Comm'n, 973 P.2d 982, 984 (Utah Ct. App. 1998) (quoting Smith v. Mity Lite, 939 P.2d 684, 686 (Utah Ct. App. 1997)). Additionally, pursuant to the Utah Administrative Procedures Act (UAPA), see Utah Code Ann.

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