Garcia v. Labor Commission

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Jose Alfonso Garcia,
Petitioner,

v.

Labor Commission; and Agreserves, Inc.
West Hills Orchard dba Farm Management Corp.,
Respondents.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020418-CA

F I L E D
November 15, 2002 2002 UT App 377 -----

Original Proceeding in this Court

Attorneys:
Jose Alfonso Garcia, Ogden, Petitioner Pro Se
Stuart F. Weed and Alexander Dushku, Salt Lake City, for Respondent Agreserves, Inc.

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Before Judges Billings, Bench, and Thorne.

PER CURIAM:

This matter is before the court on a sua sponte motion for summary disposition pursuant to rule 10(a)(2) of the Utah Rules of Appellate Procedure.

Petitioner Garcia argues that he has not been afforded the opportunity to present his case. However, our review of the record indicates that Garcia waived his right to a hearing before the Administrative Law Judge (ALJ) and submitted stipulated facts for a direct medical panel referral. After receiving the medical panel report, Garcia submitted his objections to the report. The ALJ considered all of the information submitted before rendering her decision and adopting the findings of the medical panel. Subsequently, on petition for review, the Utah Labor Commission reviewed the entire record before adopting and affirming the ALJ's decision. The Labor Commission's order specifically states that it examined the entire medical record, including Garcia's objections and medical history, and agreed with the ALJ's assessment that the medical panel's report was the most persuasive evidence regarding Garcia's claim. Garcia fails to demonstrate how the Labor Commission erred in affirming the ALJ's decision.

Accordingly, we grant the sua sponte motion for summary disposition and affirm the order and judgment of the Labor Commission.
 

______________________________
Judith M. Billings,
Associate Presiding Judge
 

______________________________
Russell W. Bench, Judge
 

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William A. Thorne Jr., Judge