Case v. DSN

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Linda L. Case,
Petitioner,

v.

Diversified Suburban Newspapers, Inc.;
and Labor Commission,
Respondent.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000157-CA

F I L E D
July 28, 2000 2000 UT App 234  -----

Original Proceeding in this Court

Attorneys:
Linda L. Case, Salt Lake City, Appellant Pro Se
James R. Black, Salt Lake City, for Appellee

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Before Judges Greenwood, Jackson, and Bench.

PER CURIAM: In reviewing the Labor Commission's factual findings we will affirm them whenever they are "supported by substantial evidence when viewed in light of the whole record before the court." Such findings will "not be overturned if based on substantial evidence even if another conclusion from the evidence is permissible." Whitear v. Labor Comm'n., 973 P.2d 982, 984-85 (Utah Ct. App. 1998) (citations omitted). Here, there was substantial evidence to support the Commission's conclusion that Case's pre-existing neck injury was aggravated by her February 1996 fall, but that her other medical problems are "multifactoral" and were not medically caused by her February 1996 fall.

Accordingly, the Commission is affirmed.
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 

______________________________
Russell W. Bench, Judge