Mohammed v. Abbot Laboratories

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Fazlullah Mohammed,
Petitioner,

v.

Labor Commission;
Abbott Laboratories, Inc.;
and Lumbermens Mutual Casualty,
Respondents.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 990896-CA

F I L E D
March 16, 2000
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Original Proceeding in this Court

Attorneys:
Fazlullah Mohammed, Salt Lake City, Petitioner Pro Se
Thomas C. Sturdy, Salt Lake City, for Respondents

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Before Judges Jackson, Bench, and Billings.

PER CURIAM:

Petitioner Fazlullah Mohammed seeks judicial review of a decision of the Appeals Board of the Labor Commission denying him permanent partial disability and temporary total disability benefits.

Petitioner's contentions are most accurately characterized as a challenge to the factual findings and resulting conclusions on medical causation. "Medical causation, including whether an industrial accident aggravated a pre-existing condition, is a factual matter." Virgin v. Board of Review, 803 P.2d 1284, 1287 (Utah Ct. App. 1990). Factual findings of an agency will be affirmed if they are "supported by substantial evidence when viewed in light of the whole record before the court." Id. (quoting Grace Drilling Co. v. Board of Review, 776 P.2d 63, 68 (Utah Ct. App. 1989)).

In August 1998 petitioner filed a claim for benefits related to a September 26, 1996 accident. An Interim Order directed a medical panel to determine whether petitioner suffered a work-related left shoulder injury and a right inguinal hernia as a result of the accident. Based upon an examination of petitioner and his medical records, the panel concluded that the shoulder pain was due to impingement syndrome, which was aggravated temporarily by the injury of September 26, 1996, and that the hernia was not work related. The panel concluded that petitioner was medically stable following the accident as of October 31, 1996. The impingement syndrome and restricted range of shoulder motion resulted in a two percent whole person impairment, none of which was attributed to the September 26, 1996 accident. The panel further concluded that petitioner had no impairment rating as of October 31, 1996 when he reached medical stability and his current impairment was related to the passage of time and possibly a 1997 motor vehicle accident. The Administrative Law Judge (ALJ) adopted the medical panel report, and concluded the temporary aggravation from the accident was totally resolved by October 31, 1996. The ALJ ruled petitioner was not entitled to temporary total disability because no work time was missed and he was not entitled to permanent partial disability because his present impairment was unrelated to the industrial accident. The Commission adopted the decision.

Under the circumstances, the Commission's decision was supported by substantial evidence in the medical panel report, which assigned no degree of impairment to the industrial accident that resulted in only a temporary aggravation of the pre-existing shoulder impingement. In addition, neither the panel nor petitioner's physician found any causal relationship between the accident and the hernia.

We therefore affirm the decision of the Commission.
 
 
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 
 
 

______________________________
Russell W. Bench, Judge
 
 
 
 

______________________________
Judith M. Billings, Judge