Hymas v. Labor Com'n

• Decision Date: 26 December 2008
• Docket Number: No. 20070875-CA.,20070875-CA.
• Citation: 200 P.3d 218,2008 UT App 471
• Parties: Linda Lee HYMAS, Petitioner, v. LABOR COMMISSION, SOS Staffing/Hyclone, and/or Insurance Company of the State of Pennsylvania, Respondents.
• Court: Utah Court of Appeals

200 P.3d 218

2008 UT App 471

Linda Lee HYMAS, Petitioner, v. LABOR COMMISSION, SOS Staffing/Hyclone, and/or Insurance Company of the State of Pennsylvania, Respondents.

No. 20070875-CA.

Court of Appeals of Utah.

December 26, 2008.

Marlin J. Grant, Logan, for Petitioner.

Alan L. Hennebold, Salt Lake City, for Respondent Labor Commission.

Mark D. Dean and Kristy L. Bertelsen, Salt Lake City, for Respondent SOS Staffing/Hyclone and/or Insurance Company of the State of Pennsylvania.

Before GREENWOOD, P.J., McHUGH and ORME, JJ.

OPINION

GREENWOOD, Presiding Judge:

¶ 1 Linda Lee Hymas (Mrs. Hymas) petitions for review of the Labor Commission's decision affirming the Administrative Law Judge's (ALJ) ruling that she is not entitled to death benefits after her husband died of a heart attack while working at SOS Staffing. The ALJ held that Mrs. Hymas failed to establish medical causation between Mr. Hymas's death and his work. We affirm.

BACKGROUND

¶ 2 Mrs. Hymas sought death benefits based on her claim that the physical stress of her husband's job at SOS caused or contributed to his death. The ALJ reviewed the medical record submitted by Mrs. Hymas, which included a letter from the medical examiner identifying the cause of death as a heart attack, but did not include records from Mr. Hymas's primary physician. The medical examiner's letter stated that "the efforts of work related stress may be a factor in additional work load being placed on the heart," but did not opine as to whether work activities had caused or contributed to Mr. Hymas's heart attack. The ALJ asked if the record was complete, and Mrs. Hymas's attorney responded that it was. Based on that evidence, the ALJ ruled that the medical records Mrs. Hymas submitted did not meet the appropriate medical causation standard to show that a work accident or disease caused or contributed to Mr. Hymas's heart attack.

¶ 3 Mrs. Hymas requested a continuance so that she could submit additional medical evidence. The ALJ denied the request, stating that "[t]he longstanding rule is that you come to the hearing prepared to present the evidence. And we don't make continuances based on the parties' — the sudden realization that they need more evidence." Mrs. Hymas also asked that she and her husband's coworkers be allowed to testify regarding the medical causal connection between the work and her husband's death, but the ALJ refused the request because Mrs. Hymas had failed in her initial burden of showing medical causation, and lay testimony could not overcome this deficiency. Mrs. Hymas requested review by the Labor Commission.

¶ 4 The Labor Commission affirmed the ALJ's ruling, stating that (1) "[b]ecause Mrs. Hymas's witnesses were not qualified to testify as to the medical cause of Mr. Hymas's death, [the ALJ] did not err in rejecting their testimony;" (2) "[Mrs. Hymas] did not submit the necessary medical evidence at the hearing, or explain why it was not possible to obtain such evidence;" and (3) "Mrs. Hymas had a reasonable opportunity to present medical evidence to establish a medical causal connection between Mr. Hymas's work and his death [but did not]."

ISSUES AND STANDARD OF REVIEW

¶ 5 We review Mrs. Hymas's claim that the Labor Commission erred in denying her workers' compensation benefits following the death of her husband. Mrs. Hymas raises several issues, each sharing the core argument that the Labor Commission abused its discretion and violated her due process rights by not allowing additional evidence and testimony after the initial hearing before the ALJ. "[T]he Legislature has granted the [Labor] Commission discretion to determine the facts and apply the law to the facts in all cases coming before it." Ae Clevite, Inc. v. Labor Comm'n, 2000 UT App 35, ¶ 7, 996 P.2d 1072. We will uphold the Labor Commission's determination unless it "exceeds the bounds of reasonableness and rationality." Id.

ANALYSIS

¶ 6 Compensation for a work-related death is governed by Utah Code section 34A-2-401 (Workers Compensation Act), which states:

(1) An employee ... who is injured and the dependents of each such employee who is killed, by accident arising out of and in the course of the employee's employment, wherever such injury occurred, if the accident was not purposely self-inflicted, shall be paid:

(a) compensation for loss sustained on account of the injury or death;

(b) the amount provided in this chapter for:

(i) medical, nurse, and hospital services;

(ii) medicines; and (iii) in case of death, the amount of funeral expenses.

Utah Code Ann. § 34A-2-401 (Supp.2008). Claimants pursuing compensation under the Workers Compensation Act must prove that the employee was killed "by accident," and must also show both medical and legal causation. See Allen v. Industrial Comm'n., 729 P.2d 15, 18, 22-23 (Utah 1986). The Labor Commission determined that Mrs. Hymas had not proved medical causation, and thus determined it was unnecessary to consider whether Mr. Hymas's death was "by accident" or whether there was legal causation.

¶ 7 Mrs. Hymas argues that the Labor Commission failed to follow the proper procedures. Specifically, she argues that the ALJ erred by not considering whether Mr. Hymas's death was an accident, not examining the facts concerning whether Mr. Hymas had a pre-existing condition, and not analyzing legal causation.

¶ 8 Allen v. Industrial Commission., 729 P.2d 15 (Utah 1986), does not prescribe any particular sequence in which the elements of accident, legal causation, and medical causation must be addressed. See generally id. Indeed, in the interest of efficiency, if one element cannot be met, there is no reason to address the remaining issues. See Lancaster v. Gilbert Dev., 736 P.2d 237, 239 (Utah 1987) ("Because the result in this case turns on the issue of medical causation, we will not examine the issue of legal causation."). Here, the Labor Commission concluded that the medical causation element had not been met and chose not to consider the questions of accident or legal causation. If the Labor Commission properly concluded that medical causation had not been met, then there was no reason to address the other issues.

¶ 9 We turn, then, to whether the Labor Commission's ruling on medical causation was an abuse of discretion. To demonstrate medical causation, a "claimant must show by evidence, opinion, or otherwise that the stress, strain, or exertion required by his or her occupation led to the resulting injury or disability." Allen, 729 P.2d at 27. The Labor Commission determined that the evidence Mrs. Hymas offered did not do this. Mrs. Hymas challenges this decision.

¶ 10 First, the Labor Commission determined that Mrs. Hymas was not prepared for the hearing and that the ALJ had the discretion to deny any continuances that would allow for post-hearing evidence. The Labor Commission relied on its rules to support its position. Rule 602-2-1 of the Utah Administrative Code sets forth the procedures for an adjudication of workers' compensation benefits before the Labor Commission. See Utah Admin. Code R602-2-1. Among the instructions are the following:

F. Discovery.

. . . .

6. Parties shall diligently pursue discovery so as not to delay the adjudication of the claim. If a hearing has been scheduled, discovery motions shall be filed no later than 45 days prior to the hearing unless leave of the administrative law judge is obtained.

. . . .

H. Medical Records Exhibit.

1. The parties are expected to exchange medical records during the discovery period.

2. Petitioner shall submit all relevant medical records contained in his/her possession to the respondent for the preparation of a joint medical records exhibit at least twenty (20) working days prior to the scheduled hearing.

. . . .

5. The medical record exhibit prepared by the respondent shall be delivered to the Division and the petitioner or petitioner's counsel at least ten (10) working days prior to the hearing. Late-filed medical records may or may not be admitted at the discretion of the administrative law judge by stipulation or for good cause shown.

. . . .

I. Hearing.

. . . .

3. No later than 45 days prior to the scheduled hearing, all parties shall file a signed pretrial disclosure form that identifies: (1) fact witnesses the...