The Appellate Group

Mitchell v. Labor Commission

Mitchell v. Labor Commission, FTA Transport LLC, and Benchmark Insurance Co., 2022 UT App 138 (Mortensen, J.)

Civil Procedure

While delivering a package, Mitchell slipped on ice and injured his knee. Through workers’ compensation, he received surgery for his injury. Mitchell still complained of knee pain, however, and sought a second surgery for his injured knee. His employer declined and discontinued Mitchell’s workers’ compensation benefits. Mitchell challenged his employer’s decision, and his case was subsequently reviewed by a medical panel. Mitchell later objected to one of the panelists, arguing the panelist was not impartial. The Labor Commission rejected Mitchell’s claim of bias because there was “no evidence of actual bias in this case.” The Utah Court of Appeals reversed, holding:

  • Mitchell need not have proved “actual bias” to prevail on his claim of bias.

Read the full court opinion