The Appellate Group

Yesco v. Labor Commission

Yesco v. Labor Commission, 2021 UT App 96 (Hagen, J.)


The Labor Commission awarded Employee permanent total disability benefits based on its determination that Employee’s repetitive work activities medically caused injuries to his wrists and shoulder. YESCO (the employer) appealed. The Utah Court of Appeals reversed in part, holding:

  • The Commission is not bound by the medical panel’s report regarding medical causation, so long as substantial evidence supports the Commission’s finding. Here, substantial evidence (including the opinion of an orthopedic surgeon) supported the finding that Employee’s work activities medically caused his wrist injuries; however, the evidence was insufficient to support a finding of medical causation for the shoulder injury because it established only a “medical possibility” rather than the required “reasonable medical probability.” 

Read the full court opinion