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PROWS v. LABOR COM'N

No. 20130471-CA.

333 P.3d 1261 (2014)

2014 UT App 196

David PROWS, Petitioner, v. LABOR COMMISSION; Auto-Owners Insurance Company; and Allen's Masonry, Inc., Respondents.

Court of Appeals of Utah.

August 14, 2014.

Attorney(s) appearing for the Case

Daniel F. Bertch and Kevin K. Robson , for Petitioner.

Jaceson R. Maughan , for Respondent Labor Commission.

Bret A. Gardner and Kristy L. Bertelsen , for Respondents Auto-Owners Insurance Company and Allen's Masonry, Inc.

Judge J. FREDERIC VOROS JR. authored this Opinion, in which Judges GREGORY K. ORME and JOHN A. PEARCE concurred.

Opinion

VOROS, Judge:

¶ 1 David Prows, a brickmason, fell from scaffolding, injuring his head and shoulder. A few years later he filed for disability benefits, claiming a permanent total disability. The Utah Labor Commission denied his claim on the ground that Prows, then gainfully employed, could not establish a permanent total disability. Prows argues that the legal category of permanent total disabilities includes many disabilities that are in fact...

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