In Horning, the claimant argued that the Utah Labor Commission (the Labor Commission) exceeded its discretion in considering a medical panel’s report, which he alleged was tainted by exposure to descriptions of surveillance video that had been excluded from evidence. The exclusion included a stipulation that two pages of medical records that contained a description […]

In C.R. England, Respondents challenged a medical panel’s report arguing that the panel failed to adequately support its recommendation for cognitive behavioral therapy. In support of the recommendation, the medical panel stated its belief that cognitive behavior therapy “may be beneficial” to the claimant. Respondents argued that the use of the word “may” indicated that […]

In Barker, the claimant refused to participate in an IME requested by Respondents unless he could video and audio record the IME. A dispute arose between the parties and an ALJ eventually compelled the claimant to attend the IME without a video recording. The claimant appealed the determination to not allow a video recording of […]