Dale T. Smith & Sons and Workers' Compensation Fund v. Labor Commission and Smith

Annotate this Case
Download PDF
IN THE UTAH COURT OF APPEALS ----ooOoo---Dale T. Smith & Sons and Workers' Compensation Fund, Petitioners, v. Labor Commission and Jeffrey D. Smith, Respondents. ) ) ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20061169-CA F I L E D (September 20, 2007) 2007 UT App 306 ----Original Proceeding in this Court Attorneys: Floyd W. Holm, Salt Lake City, for Petitioners Phillip B. Shell, Murray, and Alan L. Hennebold, Salt Lake City, for Respondents ----- Before Judges Bench, McHugh, and Thorne. McHUGH, Judge: Dale T. Smith & Sons and the Workers' Compensation Fund (collectively Petitioners) seek review of the Utah Labor Commission's order requiring that they pay 100% of Jeffrey D. Smith's medical expenses related to treatment of his lumbar degenerative joint disease. Petitioners argue that the Labor Commission incorrectly interpreted Utah Code section 34A-3-110 when it determined that medical expenses are not "compensation" subject to apportionment under that section. See Utah Code Ann. § 34A-3-110 (2005). In Ameritech Library Services v. Labor Commission, 2007 UT App 305, a companion case that was briefed concurrently with this case, we rejected arguments identical to those raised by Petitioners. In Ameritech we held that the term "compensation," as used in section 34A-3-110, does not include medical expenses and that apportionment of medical expenses is not appropriate under that section of the Utah Occupational Disease Act. See id. at ¶¶14-16. For the reasons stated in that decision, we affirm. Affirmed. ______________________________ Carolyn B. McHugh, Judge ----WE CONCUR: ______________________________ Russell W. Bench, Presiding Judge ______________________________ William A. Thorne Jr., Judge 20061169-CA 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.