C.R. England Inc. v. Labor Comm’n
C.R. England Inc. v. Labor Comm’n, 2023 UT App 40 (Christiansen Forster, J.)
Civil Procedure
C.R. England appealed the Labor Commission’s decision that overruled, in part,
the company’s objection to the medical panel’s report relating to an employee’s
industrial injury. The court of appeals affirmed the Board’s decision,
holding:
- The medical panel adequately supported its finding regarding the employee’s future medical needs, and it was not required to explain its disagreement with the company’s medical expert.
- Practice Tip: When presenting a new rule to the court, practitioners should be sure to discuss the full parameters of the rule in a way that assures the court the rule would not “open the floodgates of litigation” if it were adopted.