Labor Commission Used Wrong Standard to Reject Worker's Challenge to Medical Panel Opinion

The Utah Court of Appeals ruled that the Labor Commission erred in applying an "actual bias" standard to reject a worker’s challenge to the impartiality of a member of the medical panel for his case. The state's Supreme Court in May handed down a decision in Gamez v. Labor Commission holding that when the impartiality of a member of a medical panel can be reasonably questioned, the requirement for an impartial evaluation is not satisfied. Based on that decision, the appellate court said the Labor Commission should not have rejected Rivers Mitchell's claims of bias. M...