Court Rejects Worker's Constitutional Challenge to Rule on Medical Exams but Grants Reversal

The Utah Court of Appeals last week rejected a constitutional challenge to a Labor Commission rule requiring workers to submit to medical examinations with a doctor selected by their employers. But while the court found Rule R602-2-1(F)(3) was not an impermissible delegation of legislative authority to employers, it said the medical panel selected by Timothy Foye’s employer had not been qualified to assess his condition after a bout of carbon monoxide poisoning. As such, the court overturned the denial of his comp claim. Foye had worked as a truck driver for Kodiak Fresh Produce. ...