Hoffman v. Labor Commission
Hoffman v. Labor Commission, 2023 UT App 96 (Mortensen, J.)
An employee suffered a work-related injury and was prescribed opioids. After a few years, her doctor recommended weaning. Her insurance carrier immediately stopped paying for her medications without a weaning period. The employee brought an action against the carrier and the employer through the Utah Labor Commission. A medical panel opined that the employee should be given a “lower dose” and recommended that she undergo a formal weaning program. The Appeals Board of the Utah Labor Commission (the Board) interpreted the ALJ’s decision as covering the “lower dosage” without waiting for a weaning opportunity to trigger the reduced coverage. The employee appealed. The Utah Court of Appeals affirmed, holding:
- The Board’s decision was supported by substantial evidence.