The Appellate Group

Giron v. Labor Commission

Giron v. Labor Commission, 2023 UT App 130 (Oliver, J.)

Worker’s Compensation

Giron hurt her back at work. Her work paid some compensation, then stopped a few months later. Two years later, an administrative law judge then awarded Giron past medical expenses but not recommended medical care, and the Appeals Board of the Commission (Board) affirmed. On appeal, the Utah Court of Appeals affirmed, holding in part:

  • The Board did not abuse its discretion in admitting evidence because the evidence was not accepted as conclusive and the excluded expert’s testimony would have been duplicative and distracting.
  • Giron’s challenge to the panel’s impartiality was procedurally barred because Giron failed to challenge the panel’s initial report.
  • Practice tip: The “exceptional circumstances” exception to the preservation rule does not cover belated filings.

Read the full court opinion