Utah Supreme Court Apportions Medical Expenses in Worker’s Compensation Cases

Reversing a long-held position of the Labor Commission, the Utah Supreme Court held in Smith v. Labor Commission, 2009 UT 19, __ P.3d __, that when an industrial injury is compensable at less than 100% and the petitioner’s injury is apportioned among work-related and non-work-related causes, the compensation—including medical expenses—is apportioned as well.  The Labor Commission previously apportioned “compensation” but awarded 100% of medical expenses.  The Supreme Court clarified that medical expenses are “compensation” under the Utah Labor Code.  This is a significant departure since a worker whose injury was only 10% related to his employment previously could obtain an award of 100% of his medical expenses.