The Appellate Group

C.R. England v. Hakem

C.R. England v. Hakem, 2021 UT App 108 (Orme, J.)

Administrative Law; Labor Commission

Company appealed an order from the Utah Labor Commission directing it to pay temporary total disability (TTD) benefits to Employee, arguing that the Commission had awarded double benefits to Employee by requiring Company to pay a second round of TTD benefits without accounting for the benefits already paid by Company. The court of appeals reversed, holding:

  • Although there was “scant evidence of these payments” Company claimed it had already made to Employee, “there is some indication in the record” that Company had already made payments applicable to the same time period that Commission ordered Company to pay benefits. On remand, the Commission is to determine whether Company in fact payments to Employee and ensure that it did not order any duplicative payments.
  • NOTE (APPELLATE PROCEDURE): The court of appeals did not consider employee’s “cross-appeal” because the applicable rules and statutory provisions do not allow for cross-petitions in proceedings for judicial review of agency decisions. Any party wishing to challenge an administrative decision must file their own petition for review within 30 days of the agency’s final order, which Employee did not do.

Read the full court opinion