High Court: Board Erred in Terminating Worker's Claim for Obstructing IME

The Utah Supreme Court said the Labor Commission Appeals Board lacked the discretion to dismiss an injured worker's claim after finding a pattern of antagonistic and obstructive behavior over three failed independent medical examinations. Though the board characterized the behavior as a discovery violation to find the authority to dismiss the claim entirely, the high court said the Legislature specified that the penalty for obstructing an IME is to suspend the claim until the claimant comes into compliance. "It follows that the only sanction available for obstruction of a medical ex...