Dale T. Smith & Sons and Workers' Compensation Fund v. Labor Commission and Smith, Case No. 20061169-CA, Filed September 20, 2007, 2007 UT App 306

State: Utah

Court: Court of Appeals

Docket No: 20061169-CA

Case Date: 09/20/2007

Plaintiff: Dale T. Smith & Sons and Workers' Compensation Fund

Defendant: Labor Commission and Smith, Case No. 20061169-CA, Filed September 20, 2007, 2007 UT App 306

Preview:IN THE UTAH COURT OF APPEALS
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Dale T. Smith & Sons and  )  MEMORANDUM DECISION
Workers' Compensation Fund,  )  (Not For Official Publication)
Petitioners,  ) )  Case No. 20061169-CA
)
v.  )  F I L E D
)  (September 20, 2007)

Labor Commission and Jeffrey )

D. Smith, )

2007 UT App 306
)

Respondents. )

Original Proceeding in this Court

Attorneys: Floyd W. Holm, Salt Lake City, for Petitioners

Phillip B. Shell, Murray, and Alan L. Hennebold, Salt

Lake City, for Respondents

Before Judges Bench, McHugh, and Thorne.

McHUGH, Judge:

Dale T. Smith & Sons and the Workers' Compensation Fund
(collectively Petitioners) seek review of the Utah Labor
Commission's order requiring that they pay 100% of Jeffrey D.
Smith's medical expenses related to treatment of his lumbar
degenerative joint disease. Petitioners argue that the Labor
Commission incorrectly interpreted Utah Code section 34A-3-110
when it determined that medical expenses are not "compensation"
subject to apportionment under that section. See Utah Code Ann.

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