Court Says Labor Commission Has Been Using Wrong Standard for PTD Claims

The Utah Court of Appeals last week revived an agricultural worker's claim for permanent total disability benefits for his injuries from a pig, marking the third occasion in three months where the court has rebuked the commission for impermissibly raising the burden of proof for workers. In Oliver v. Labor Commission, Quast v. Labor Commission, and most recently, in Guzman v. Labor Commission, the court said the inquiry is not whether a worker seeking PTD benefits retains a "reasonable" degree of physical and mental functionality. Pursuant to the plain language of Utah Code Sec...