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.

The Hills Have Eyes: Do You Have Workers Compensation Insurance?

Ever wonder whether your employer has workers compensation insurance?  Or, if you are an employer, is your insurance up to date and on file with the Utah Labor Commission?  Look no further than the Utah Labor Commission’s free Compucheck web service to answer your questions.  From the free advice file: make sure you have insurance, otherwise the Labor Commission will crush you like a steroid homerun.  “Fear can hold you prisoner. Hope can set you free.”