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OLIVER v. LABOR COM'N AND EMPLOYERS'

No. 20121069-CA.

318 P.3d 777 (2013)

2013 UT App 301

Angela K. OLIVER, Petitioner, v. LABOR COMMISSION AND EMPLOYERS' REINSURANCE FUND, Respondents. Safeway, Petitioner, v. Angela K. Oliver, Respondent.

Court of Appeals of Utah.

December 27, 2013.

Attorney(s) appearing for the Case

Gary E. Atkin and K. Dawn Atkin , Salt Lake City, Attorneys for Petitioner Angela K. Oliver.

Brad J. Miller , Attorney for Petitioner Safeway.

Alan L. Hennebold , Salt Lake City, and Jaceson R. Maughan , Attorneys for Respondent Labor Commission.

Edwin C. Barnes and Robert D. Andreasen , Salt Lake City, Attorneys for Respondent Employers' Reinsurance Fund.

Judge GREGORY K. ORME authored this Opinion, in which Judges CAROLYN B. McHUGH and STEPHEN L. ROTH concurred.

Opinion

ORME, Judge:

¶ 1 In this consolidated case, Angela K. Oliver (Employee)1 seeks to overturn the decision of the Utah Labor Commission Appeals Board denying her claim for permanent total disability benefits. Safeway, which employed Employee years ago, challenges the composition and impartiality of the medical panel. We set aside the Board's order and direct it to reconsider Employee's claim in accordance with the guidance...

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