Granite School District v. Labor Comm.
CourtUtah Supreme Court
Date FiledAugust 13, 2026
DocketCase No. 20240646
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
This opinion is subject to revision before final
publication in the Pacific Reporter
2026 UT 29
IN THE
SUPREME COURT OF THE STATE OF UTAH
GRANITE SCHOOL DISTRICT,
Petitioner,
v.
ROBYN YOUNG and UTAH LABOR COMMISSION,
Respondents.
No. 20240646
Heard October 15, 2025
Filed August 13, 2026*
On Certification from the Court of Appeals
Utah Labor Commission
No. 18-0735
Attorneys:
Bret A. Gardner, Kristy L. Bertelsen, Salt Lake City, for petitioner
Gary E. Atkin, Salt Lake City, for respondent Robyn Young
Christopher Hill, Salt Lake City, for respondent
Utah Labor Commission
JUSTICE NIELSEN authored the opinion of the Court, in which
JUSTICE PETERSEN, ASSOCIATE CHIEF JUSTICE POHLMAN,
JUDGE CHRISTIANSEN FORSTER, and JUDGE HANSEN joined.
Due to his retirement, JUSTICE PEARCE did not participate herein;
DISTRICT COURT JUDGE MATTHEW J. HANSEN sat.
__________________________________________________________
* As of January 31, 2026, “The Supreme Court consists of seven
justices.” UTAH CODE § 78A-3-101(1). Pursuant to Utah Supreme
Court Standing Order No. 18, this court sat and rendered judgment
in this matter as a division of five justices.
GRANITE SCHOOL v. LABOR COMMISSION
Opinion of the Court
Before this case was decided, CHIEF JUSTICE DURRANT recused
himself from this case and JUSTICE HAGEN stepped down
from the court. JUSTICE NIELSEN and COURT OF APPEALS
JUDGE MICHELE M. CHRISTIANSEN FORSTER, having reviewed the
briefs and listened to a recording of the oral argument, substituted
for CHIEF JUSTICE DURRANT and JUSTICE HAGEN and
participated fully in this decision.
JUSTICE JORGENSEN and JUSTICE DENT became members of the
Court after oral argument in this matter and did not participate.
JUSTICE NIELSEN, opinion of the Court:
INTRODUCTION
¶1 While working as a special education teacher for Granite
School District, Robyn Young suffered two head injuries at work
that left her with debilitating migraines, difficulty sleeping,
depression, and other limitations. Young’s first treating physician
approved Young for light-duty employment, but Granite would
not accommodate her work restrictions and fired her. In her first
workers’ compensation claim, Young was awarded temporary total
disability benefits, and Granite was ordered to pay her related
medical expenses. But Granite disputed its liability and refused to
pay some of those expenses. When the bills went unpaid, the
hospital sent them to debt collection agencies. Those collection
agencies began hounding Young for payment, causing her
significant stress. Young eventually sued the collection agencies in
federal court and received a cash settlement. Amidst all this, Young
also got divorced.
¶2 After her condition failed to improve to the point that she
could return to full-time work, Young filed a second workers’
compensation benefits claim, this time seeking an award of
permanent total disability benefits. The administrative law judge
(ALJ) held an evidentiary hearing and appointed a medical panel
to evaluate the effects of the two industrial accidents apart from
other stressors in her life (like the bill collectors and her divorce).
The panel concluded that all of Young’s restrictions were related to
her industrial accidents and that the additional stressors were
passing and did not contribute to her permanent restrictions.
¶3 Granite twice attempted to reopen the evidentiary record
to adduce evidence about two stressors that it believed actually
caused her limitations: the collection agencies’ actions and Young’s
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Opinion of the Court
involvement—after the hearing—in a car accident in which a
motorcyclist was killed. Granite also asserted a subrogation claim
under Utah Code section 34A-2-106, arguing that it should receive
a portion of Young’s federal lawsuit settlement because, in its view,
those proceeds compensated her for her underlying injuries.
¶4 The ALJ denied Granite’s subrogation claim, refused to
reopen the evidentiary record, credited the panel’s report, and
ordered Granite to pay past medical expenses, future medical
expenses, and permanent total disability benefits. Granite sought
review with the Utah Labor Commission. The Commission rejected
Granite’s arguments, agreeing with the ALJ.
¶5 Granite seeks judicial review of the Labor Commission’s
order. First, Granite argues that the Commission failed to instruct
the medical panel to determine whether Young’s limitations were
a result of the work accidents as opposed to non-industrial
stressors. But that is precisely what the medical panel was
instructed to do and precisely what it did.
¶6 Second, Granite argues that the Labor Commission erred
in declining to reopen the evidentiary record so that it could
present evidence of both the debt collection actions and the post-
hearing car accident. But whether to reopen the evidentiary record
was a discretionary call, and there was no abuse of discretion where
a medical panel determined that the debt collection efforts did not
contribute to Young’s condition long-term and the car accident
happened well after Young suffered permanent disability from the
work accidents.
¶7 Third, Granite argues that the Labor Commission erred in
awarding Young permanent total disability benefits, challenging
the Commission’s findings on five of the six elements of Young’s
permanent total disability claim. We conclude that there was
substantial evidence in the record to support the Commission’s
findings, so its permanent total disability award stands.
¶8 Finally, Granite argues that the Labor Commission erred
in refusing to grant a subrogation offset under Utah Code section
34A-2-106. But on this record, it is clear that the federal lawsuit
settlement compensated Young for the stress of the improper debt
collection tactics, not for her underlying work injuries.
¶9 We decline to disturb the Commission’s order.
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BACKGROUND1
A. Young Suffers Two Head Injuries at Work that Cause Her
Persistent Migraine Headaches and Depression
¶10 Robyn Young worked as a special education resource
teacher for Granite School District. Young’s job required her to
work full time and interact with students with disabilities. On two
different occasions, she was injured by a student.
¶11 The first incident happened in 2013. Young was sitting
behind a sixth-grade student when the “student threw his head
back and ‘head butted’ [Young] in the face” three times. After this
incident, Young was diagnosed with a concussion, received
treatment, and returned to work after about one month. The second
incident happened slightly over a year later in 2014, when a third-
grade student punched Young in the left cheek with a closed fist,
grabbed her by the hair, jerked her head around, and ripped
chunks of her hair from her scalp. Young later explained that she
felt as if she had been “beaten up” during this incident.
¶12 A few days after this second incident, Young went to an
occupational medicine clinic, where she reported headaches,
nausea, fatigue, and light sensitivity. She was diagnosed with a
closed-head injury. She was released to return to work about a
month later, but in the ensuing months she continued to have
chronic headaches and went to the emergency room twice. She was
diagnosed with post-concussive headaches and depression and
referred to her first treating physician.
¶13 In July 2014, the first treating physician diagnosed Young
with severe complications from recurrent migraines that
“snowballed” from her cumulative head trauma and stemmed
from the two work incidents. He further noted that Young had
facial droop, ear pain, light sensitivity, foot dyskinesias
(involuntary, erratic movements), and limb weakness due to her
migraines. He concluded that Young was not medically stable and
required further treatment.
¶14 A short time later, Young was interviewed by the first of
three physicians acting as medical examiners for Granite. Granite’s
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1 “In reviewing a workers’ compensation order from the [Labor
Commission], we view the facts in the light most favorable to the
Commission’s findings and recite them accordingly.” Gamez v. Utah
Lab. Comm’n, 2022 UT 20, n.3, 511 P.3d 1145 (cleaned up).
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Opinion of the Court
first physician opined that Young sustained a closed-head injury
from the second incident. He agreed with her first treating
physician that Young was not medically stable.
¶15 In February 2015, Young’s first treating physician released
her “to light duty employment consisting of six to ten hours per
week, no more than two hours per day.” He further directed that
the classroom environment needed to provide low light and low
noise to mitigate Young’s migraines. One morning during her first
week of light-duty employment, Young woke up with a migraine,
a drooping face, and paralysis in her hands and feet. Three days
after she had been cleared to return to work, Granite informed
Young that it would not accommodate her light-duty restrictions
and terminated her employment.
¶16 Five months after that, Granite’s second physician
evaluated Young. Granite’s second physician opined that Young
sustained only a mild head and facial injury from the accident, that
she reached medical stability in 2014, and that her ongoing
symptoms were not a result of the work accident. Granite’s third
physician agreed with the second physician’s opinions and added
that preexisting psychological factors played an overriding role in
Young’s ongoing physical and cognitive complaints.
B. Young Files Her First Workers’ Compensation Benefits
Claim and Is Awarded Temporary Total Benefits
¶17 In February 2015, Young applied for a hearing with the
Labor Commission. Based on the 2013 and 2014 work accidents,
Young sought medical expenses, medical care, temporary total
disability compensation, and temporary partial disability
compensation. The ALJ held an evidentiary hearing and referred
the medical issues to a medical panel. The medical panel issued a
report, opining that the “2013 industrial accident caused or
worsened [Young’s] medical and psychological conditions,” and
the “2014 industrial accident caused a second mild traumatic brain
injury concussion, post concussive syndrome and an aggravation
of a pre-existing anxiety and depression.” The ALJ adopted the
medical panel’s report, awarded both temporary total disability
compensation and temporary partial disability compensation, and
ordered Granite to pay for all of Young’s medical expenses related
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Opinion of the Court
to both industrial accidents.2 The Labor Commission Appeals
Board affirmed the ALJ’s award.
C. Young Files a Federal Fair Debt Collection Practices Act
Lawsuit and Reaches a Monetary Settlement with Collection
Agencies over Their Collection Efforts
¶18 Granite disputed its liability for various medical bills and
refused to pay for certain treatment even though the ALJ
determined that the condition being treated was caused by the
industrial accidents. After the bills went unpaid, the hospital
referred them to collection agencies, which began hounding Young
through numerous calls and letters. These collection efforts
eventually became “a considerable source of stress” for Young.
¶19 In 2016, Young filed a federal lawsuit against the collection
agencies under the Fair Debt Collection Practices Act (FDCPA). The
case ultimately settled in 2019. Under the settlement agreement,
Young was compensated $610,000, of which she received $295,000.
¶20 Granite then sued Young in state district court, seeking
reimbursement under the Utah Workers’ Compensation Act. See
Granite Sch. Dist. v. Young, 2023 UT 21, ¶ 11, 537 P.3d 225. Granite
alleged that it was entitled to reimbursement out of Young’s
settlement proceeds because the injuries caused by the collection
agencies were the same injuries for which Young had received
workers compensation benefits from Granite. Id. Young moved to
dismiss the case for lack of subject matter jurisdiction, and the
district court dismissed the case. Id. ¶¶ 12–14. Granite appealed
that dismissal to this court. Id. ¶ 14. We affirmed, explaining that
“the district court . . . correctly determined that it lacked
jurisdiction to decide the factual questions at the heart of this
reimbursement dispute because our precedent dictates that the
Labor Commission has exclusive jurisdiction over those
questions.” Id. ¶ 4.
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2 “Industrial accident” is a term of art used throughout Utah’s
Labor Code and denotes a workplace injury. See, e.g., UTAH CODE
§ 34A-2-401(1) (providing that compensation for industrial
accidents shall be paid to employee’s “who [are] injured . . . by
accident arising out of and in the course of the employee’s
employment”).
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Opinion of the Court
D. Medical Experts Disagree on the Cause of Young’s
Symptoms
¶21 After her first workers’ compensation claim concluded,
Young continued to receive medical treatment from her first
treating physician. In 2018, Young transferred her primary care to
a new doctor. Young’s second treating physician performed
neuropsychological and cognitive testing on Young and completed
“a treating source statement of mental limitations regarding Ms.
Young’s capacity.” The second treating physician’s report showed
that she had several “moderate functional limitations” in her ability
to do the sort of things that her teaching required, like seeing and
correcting mistakes, reasoning through decisions, keeping up a
consistent routine, following instructions, working with others,
responding to feedback, and understanding when her work was
acceptable (or not). He also opined that “Young would be absent
from work more than four days per month and would potentially
be off task 15–20% of the time.”
¶22 In 2019, Granite hired an additional medical examiner—
this time, a psychologist—to evaluate Young. Granite’s
psychologist attributed Young’s condition to preexisting factors,
explaining that Young’s “chronic persistent physical symptoms
over time are directly correlated to her emotional and psychiatric
difficulties, unrelated to organic impairment and unrelated to her
injuries sustained in 2013 and 2014.”
¶23 Young also hired a psychologist to assess the effects of the
debt collectors’ actions on her condition. Young’s psychologist
interviewed Young, several of her family members, and her
therapist, and he reviewed several documents, including some
depositions from Young’s federal lawsuit. Young’s psychologist
opined that the debt collectors’ actions exacerbated Young’s
migraines, neurologic symptoms, emotional distress, and
psychological trauma.
E. Young Files a Second Workers’ Compensation Claim, This
Time Seeking Permanent Total Disability Benefits
¶24 In November 2018, Young applied again for a hearing with
the Labor Commission. This time around, Young sought medical
expenses, medical care, permanent total disability, unpaid interest,
and reimbursement for out-of-pocket medical expenses that
Granite had previously been ordered, but failed, to pay. Granite
answered that Young’s claims failed for lack of medical and legal
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Opinion of the Court
causation and that Young could not prove the elements of her
permanent total disability claim.
¶25 The ALJ scheduled an evidentiary hearing in August 2019.
A month before the hearing, Granite moved to compel discovery
and continue the hearing. The ALJ denied Granite’s motions and
ordered the record to “remain open” for a short time “to permit
Granite School District to file its expert medical opinion.”
¶26 A couple of months later, Granite sent a letter to the ALJ
stating that it sought “to introduce 4–5 deposition transcripts” that
had been created as part of Young’s federal FDCPA case. Granite
argued that the depositions should be admitted because they were
the basis for the medical opinion of Young’s psychologist. Young
objected on several grounds, including that admission was
procedurally barred under the applicable rule of civil procedure
because Granite “affirmatively declined” live testimony from the
witnesses twice. The ALJ explained that Young’s objections were
“persuasive” and denied Granite’s request to admit the
depositions.
¶27 In early 2020, the parties submitted written closing
arguments to the ALJ. In its closing argument, Granite asserted—
for the first time—a subrogation claim under Utah Code section
34A-2-106 for the proceeds of Young’s FDCPA settlement. Young
countered that “the right to subrogation under 34A-2-106 . . . is an
affirmative defense” that Granite waived by failing to properly
plead and prove it.
¶28 In July 2020, the ALJ denied Granite’s claim for
subrogation and awarded Young historical medical expenses,
future medical expenses, and permanent total disability benefits.
¶29 The next month, Granite filed a motion for review with the
Labor Commission, arguing that the ALJ erred in three respects, by:
(1) refusing to submit Young’s claim to a medical panel,
(2) awarding permanent total disability benefits, and (3) refusing to
allow a subrogation offset under section 34A-2-106. The
Commission agreed with Granite that the question “of which and
how much of Ms. Young’s functional limitations are attributable to
her work injuries compared to the stress of non-industrial factors
represents a significant medical issue” that should have been
submitted to an independent medical panel. The Commission
accordingly set aside the ALJ’s preliminary award of permanent
total disability compensation and remanded the claim for referral
to a medical panel.
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¶30 In November 2021, Granite filed a motion for an order to
allow additional medical and other records into the evidentiary
record. Granite sought to introduce Young’s post-hearing therapy
records discussing a 2021 car accident involving Young that
allegedly led to the death of a motorcyclist, a news article about the
car accident, and a supplemental report from Granite’s
psychologist. Young objected. The ALJ denied Granite’s motion,
reasoning that “the [Commission] remanded the claim for the
medical panel to clarify two specific issues” and it “did not
contemplate re-opening the evidentiary record.”
¶31 In February 2023, the ALJ issued interim findings and
referred the medical aspects of Young’s case to a medical panel. The
ALJ specifically instructed the medical panel to answer the
following questions:
• “Did the March 14, 2013 industrial accident cause, li[gh]t up,
combine with, contribute to, accelerate, prolong, aggravate
or make symptomatic ‘the additional stressors including
divorce, financial stress, anxiety due to lack of
independence, and the stress of understanding her mental
condition?’”
• “Did the March 26, 2014 industrial accident cause, li[gh]t up,
combine with, contribute to, accelerate, prolong, aggravate
or make symptomatic ‘the additional stressors including
divorce, financial stress, anxiety due to lack of
independence, and the stress of understanding her mental
condition?’”
• “What permanent restrictions, if any, resulted from ‘the
additional stressors including divorce, financial stress,
anxiety due to lack of independence, and the stress of
understanding her mental condition?’”
• “With respect to each permanent restriction . . . could you
please address whether the restriction is granted for March
14, 2013 industrial injuries, March 26, 2014 industrial injuries
or non-industrial causes? Please explain your response.”
• “What, if any, functional restrictions assigned by [Young’s
second treating physician] are attributable to the March 14,
2013 industrial injuries? Please explain your response.”
• “What, if any, functional restrictions assigned by [Young’s
second treating physician] are attributable to the March 26,
2014 industrial injuries? Please explain your response.”
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• “What, if any, functional restrictions assigned by [Young’s
second treating physician] are attributable to non-industrial
factors? Please explain your response.”
¶32 The medical panel conducted an evaluation and issued a
report. The panel noted that Young had restrictions related to
ongoing PTSD and anxiety as well as her ability to function in areas
of attention, focus, pace, and emotional stability. The panel
concluded that all of Young’s functional restrictions related to the
two work accidents and that her additional stressors caused only
temporary or adjustment reactions and did not contribute to her
permanent industrial functional restrictions.
¶33 Granite objected to the medical panel report, arguing that
it had “glaring deficiencies due to the excluded medical evidence
and other information related to the . . . fatal motor vehicle
accident.” The ALJ rejected Granite’s argument, explaining that it
“had previously ruled on this issue and denied the motion.” And,
relying on the medical panel’s report, the ALJ found “based upon
a preponderance of the medical evidence that [Young’s] functional
restrictions are based entirely on her industrial medical
conditions.” The ALJ accordingly ordered Granite to pay historical
medical expenses, future medical expenses, and permanent total
disability benefits.
¶34 Granite filed another motion for review with the Labor
Commission, arguing that the medical panel’s report was
inaccurate and incomplete because “the questions posed by the ALJ
failed to clearly instruct the Panel on the analysis it needed to
complete.” Because the ALJ “failed to instruct the Panel on what to
include as ‘industrial’ and what to include as ‘non-industrial,’”
Granite argued that “the Panel’s conclusions clearly include[d] the
impact of the tortious debt collection activities and other non-
industrial stressors in the impairment it consider[ed] attributable to
the industrial accidents.” Granite also asked the Commission to
recognize its subrogation interest in Young’s settlement proceeds.
The Commission rejected Granite’s arguments and ruled that the
medical panel’s report was reliable, that the medical panel
understood the issues it was asked to consider, that Young proved
the elements of her permanent total disability claim, and that
Granite was not entitled to a subrogation offset. The Commission
therefore affirmed the ALJ’s award of permanent total disability
benefits to Young.
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Opinion of the Court
¶35 Granite petitioned for judicial review, and the court of
appeals certified the case to us. We have jurisdiction over cases
certified to us by the court of appeals under Utah Code subsection
78A-3-102(3)(a)(ii).
ISSUES AND STANDARDS OF REVIEW
¶36 Granite first argues that the Labor Commission erred in
instructing the medical panel that reviewed Young’s permanent
disability claim. To the extent that Granite challenges the
Commission’s interpretation of the charging order, we review for
abuse of discretion. UTAH CODE § 63G-4-403(5)(h)(i);3 see, e.g.,
Danny’s Drywall v. Lab. Comm’n, 2014 UT App 277, ¶ 8, 339 P.3d 624.
And to the extent that Granite challenges the admissibility of the
report based on allegedly incorrect instructions, we also review for
abuse of discretion, reversing “only if a reasonable basis for that
decision is not apparent from the record.” Horning v. Lab. Comm’n,
2023 UT App 30, ¶ 18, 529 P.3d 352 (cleaned up).
¶37 Granite next argues that the Labor Commission erred in
declining to reopen the evidentiary record. We cannot grant relief
unless we determine both that Granite was prejudiced by the
Commission’s action, and that the Commission abused its
statutorily delegated discretion because its action was contrary to
an agency rule, contrary to prior practice, or was otherwise
arbitrary or capricious. See UTAH CODE § 63G-4-403(5)(h); cf. Ernest
Health, Inc. v. Lab. Comm’n, 2016 UT App 48, ¶¶ 3–9, 369 P.3d 462
(reviewing the Labor Commission’s denial of leave to reopen the
evidentiary record for abuse of discretion).
¶38 Granite next argues that the Labor Commission erred in
awarding permanent total disability benefits to Young. Generally
speaking, “a challenge to an administrative agency’s finding of fact
is reviewed for substantial evidence.” Provo City v. Utah Lab.
Comm’n, 2015 UT 32, ¶ 8, 345 P.3d 1242; see also UTAH CODE § 63G-
4-403(5)(g). “A decision is supported by substantial evidence if
there is a quantum and quality of relevant evidence that is adequate
to convince a reasonable mind to support a conclusion.” Provo City,
2015 UT 32, ¶ 8 (cleaned up). But as explained in greater detail
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3 While the 2024 version of the Utah Code applies and the
legislature has made some subsequent changes to the code, no
substantive changes are applicable here, nor do any of the changes
impact our analysis. Thus, we cite the current version of the code
throughout this opinion for both convenience and clarity.
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Opinion of the Court
below, some elements are mixed questions and warrant a different
standard of review. Id. ¶¶ 12–22.
¶39 Finally, Granite argues that the Labor Commission erred
in refusing to grant a subrogation offset under Utah Code section
34A-2-106. We review an agency’s interpretation of a statute for
correctness. LPI Servs. v. McGee, 2009 UT 41, ¶ 7, 215 P.3d 135; see
also Esquivel v. Lab. Comm’n, 2000 UT 66, ¶¶ 13–19, 7 P.3d 777. “And
we review the lower tribunal’s ultimate conclusion of whether a
given set of facts comes within the reach of a given rule of law as a
mixed question of law and fact.” Gamez v. Utah Lab. Comm’n, 2022
UT 20, ¶ 23, 511 P.3d 1145 (cleaned up).
ANALYSIS
I. GRANITE HAS NOT CONVINCED US THAT THE MEDICAL PANEL
WAS WRONGLY INSTRUCTED
¶40 Granite first asserts that the Labor Commission failed to
instruct the medical panel to distinguish which of Young’s
limitations were a result of work accidents as opposed to non-
industrial stressors. In Granite’s view, the deficient instructions
resulted in a flawed report that should not have been relied upon
by the ALJ or the Commission. Young responds that the
instructions were sufficiently detailed and that the panel clearly
differentiated between the industrial injuries and the non-
industrial stressors. We agree with Young.
¶41 The ALJ’s questions to the panel asked it to parse the
impact of the 2013 work accident, the 2014 work accident, and the
stress of non-industrial factors—“divorce, financial stress, anxiety
due to lack of independence, and the stress of understanding her
mental condition”—on Young’s ability to work.
¶42 The panel answered that all of Young’s functional
restrictions stemmed from the work accidents. The other stressors,
the panel opined, caused only temporary or adjustment reactions
and did not contribute to her permanent industrial functional
restrictions. Relying on the medical panel’s report, the ALJ
ultimately found by “a preponderance of the medical evidence that
[Young’s] functional restrictions are based entirely on her
industrial medical conditions.” And the Labor Commission
“concur[red] with [the ALJ’s] decision to rely on the panel’s
conclusions regarding the work-relatedness of Ms. Young’s
limitations.”
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¶43 So, the ALJ instructed the panel to separate out the impacts
of the two work accidents from other life stressors, and the panel
said that the work accidents on their own were permanently
debilitating, while the impact from other stressors was passing and
noncontributory. On judicial review, Granite has pointed to no
authority—and we are aware of none—suggesting that the ALJ was
required to instruct the panel more granularly than it did.
Therefore, we decline to set aside the Labor Commission’s award
on this basis.
II. THE ALJ DID NOT ABUSE ITS DISCRETION BY DENYING GRANITE’S
MOTION TO REOPEN THE EVIDENCE
¶44 Granite next asserts that the Labor Commission erred in
upholding the ALJ’s decision not to reopen the evidentiary record.
Granite sought to introduce evidence about Young’s federal debt
collection lawsuit discussed above and her involvement in a car
accident years after the hearing. In response, Young asserts that the
ALJ acted within its discretion in declining to reopen the record.
Again, we agree with Young.
¶45 The administrative code provides that “the evidentiary
record shall be deemed closed at the conclusion of the hearing, and
no additional evidence will be accepted without leave of the
administrative law judge.” UTAH ADMIN. CODE R602-2-1(I)(8). This
provision—particularly the phrase “leave of the administrative law
judge,” id.—suggests that the decision of whether to reopen the
evidentiary record after a hearing is a discretionary one left to the
ALJ. The noun “leave” is commonly understood to mean
“[p]ermission.” Leave n., BLACK’S LAW DICTIONARY (12th ed. 2024);
see also Leave of Court, BLACK’S LAW DICTIONARY (12th ed. 2024)
(defining “leave of court” as “[j]udicial permission to follow a
nonroutine procedure”).
¶46 Reviewing a decision to not grant a party leave to reopen
the evidentiary record for an abuse of discretion also makes logical
sense. The Labor Commission generally has discretion over how to
investigate each case. Under Utah Code subsection 34A-2-802(1),
“The commission may make its investigation in such manner as in
its judgment is best calculated to ascertain the substantial rights of
the parties and to carry out justly the spirit of the chapter.” In this
vein, the court of appeals has reviewed the Labor Commission’s
denial of a motion to reopen the evidentiary record for an abuse of
discretion. See Ernest Health, Inc. v. Lab. Comm’n, 2016 UT App 48,
¶¶ 3–9, 369 P.3d 462. And we cannot grant relief unless we
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Opinion of the Court
determine both that Granite was prejudiced by the Commission’s
action and that the action was an abuse of the Commission’s
statutorily delegated discretion, contrary to an agency rule,
contrary to prior practice, or otherwise arbitrary or capricious. See
UTAH CODE § 63G-4-403(5)(h).
¶47 The question before us, then, is whether the ALJ abused its
discretion in declining to reopen the evidentiary record at Granite’s
requests. The hearing was held on August 23, 2019, after which the
ALJ ordered the record to “remain open for a period of twenty days
. . . to permit Granite School District to file its expert medical
opinion.” But Granite did not file its expert medical opinion or
make its requests to reopen the record within that twenty-day
window. Instead, Granite’s two requests to reopen the evidentiary
record were made two months and two years after the hearing,
respectively. The ALJ agreed with Young first that Granite was
procedurally barred from admitting depositions of witnesses after
it declined live testimony and second that the Commission
“remanded the claim for the medical panel to clarify two specific
issues” and it “did not contemplate re-opening the evidentiary
record.”
¶48 Like all things, the presentation of evidence must come to
an end sometime, and the ALJ did not abuse its discretion by
drawing the line where it did, particularly where the medical panel
found that the debt collection efforts explored in the depositions
sought to be admitted did not meaningfully contribute to Young’s
condition. And some of the evidence Granite sought to introduce
(like the car accident) was irrelevant anyway because it related to
events after both the hearing and the ALJ’s finding of permanent
and total disability. Young’s condition thereafter could not become
either more permanent or more total.
¶49 Our administrative code gives an ALJ discretion over
whether to grant a party leave to reopen the evidentiary record.
Under the circumstances here, Granite has not persuaded us that
the Labor Commission erred in upholding the ALJ’s discretionary
call.
III. THE LABOR COMMISSION’S PERMANENT TOTAL DISABILITY
AWARD STANDS
¶50 Granite next argues that the Labor Commission erred in
awarding Young permanent total disability benefits. Specifically,
Granite challenges the Commission’s findings on five of the six
elements of Young’s permanent total disability claim.
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Opinion of the Court
¶51 Utah Code subsection 34A-2-413(1) states the elements of
a permanent total disability claim. The permanent total disability
statute requires workers to prove six elements “by a preponderance
of the evidence”:
(1) “the employee sustained a significant impairment or
combination of impairments as a result of the industrial
accident . . . that gives rise to the permanent total disability
entitlement”;
(2) “the employee is not gainfully employed”;
(3) “the employee has an impairment or combination of
impairments that reasonably limit the employee’s ability to
do basic work activities”;
(4) “the . . . impairment or combination of impairments prevent
the employee from performing the essential functions of the
work activities for which the employee has been qualified
until the time of the industrial accident . . . that is the basis
for the employee’s permanent total disability claim”;
(5) “the employee cannot perform other work reasonably
available, taking into consideration the employee’s: (A) age;
(B) education; (C) past work experience; (D) medical
capacity; and (E) residual functional capacity”; and
(6) “the industrial accident or occupational disease is the direct
cause of the employee’s permanent total disability.”
UTAH CODE § 34A-2-413(1)(b)–(c); see also Provo City v. Utah Lab.
Comm’n, 2015 UT 32, ¶ 6, 345 P.3d 1242.
¶52 “It is well settled that when faced with a question of
statutory interpretation, our primary goal is to evince the true
intent and purpose of the legislature.” Anderson v. Utah Dep’t of
Com., 2025 UT 19, ¶ 14, 572 P.3d 373 (cleaned up). In doing so, “we
begin by looking at the plain language of the statute itself,” and
“when the meaning of a statute can be discerned from its language,
no other interpretive tools are needed.” Id. (cleaned up). Further,
“we assume, absent a contrary indication, that the legislature used
each term advisedly according to its ordinary and usually accepted
meaning.” Marion Energy, Inc. v. KFJ Ranch P’ship, 2011 UT 50, ¶ 14,
267 P.3d 863 (cleaned up).
¶53 We uphold an agency’s factual findings so long as they are
supported by “substantial evidence when viewed in light of the
whole record.” UTAH CODE § 63G-4-403(5)(g). “A decision is
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Opinion of the Court
supported by substantial evidence if there is a quantum and quality
of relevant evidence that is adequate to convince a reasonable mind
to support a conclusion.” Provo City, 2015 UT 32, ¶ 8 (cleaned up).
“In conducting a substantial evidence review, we do not reweigh
the evidence and independently choose which inferences we find
to be the most reasonable”; rather, “we defer to an administrative
agency’s findings because when reasonably conflicting views arise,
it is the agency’s province to draw inferences and resolve these
conflicts.” Id. (cleaned up).
¶54 Granite has challenged the Commission’s findings on five
of the six elements of Young’s permanent total disability claim.4 We
analyze each of these elements in turn and conclude that there was
substantial evidence in the record to support Young’s permanent
total disability claim.
A. Significant Impairment
¶55 The Labor Commission determined that Young suffered a
significant impairment or combination of impairments from the
industrial accidents. In support of this determination, the
Commission relied on the second treating physician’s report
indicating that Young “had functional limitations that interfered
with her ability to recognize and correct mistakes, use reason and
judgment to make work-related decisions, and work at an
appropriate and consistent pace, among other things.” Granite
takes issue with this determination, arguing that because no
treating physician has provided Young with an impairment rating,
her subjective complaints of impairment cannot satisfy this
element. Granite also suggests that there is not substantial evidence
to support the Commission’s impairment determination and that
Young’s limitations were really from non-industrial factors.5
__________________________________________________________
4 The Labor Commission found that Young “cannot perform
other work reasonably available considering her age, education,
past work experience, medical capacity, and residual functional
capacity.” Granite has not challenged that finding on review, so we
do not analyze it.
5 In Provo City v. Utah Labor Commission, we explained that this
element presents a mixed question of law and fact. 2015 UT 32, ¶ 16,
345 P.3d 1242. Granite’s argument that the permanent total
disability statute requires an impairment rating presents a
(continued . . .)
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Opinion of the Court
¶56 Granite is mistaken on both points. The permanent total
disability statute requires an employee to show that “the employee
sustained a significant impairment or combination of impairments
. . . that gives rise to the permanent total disability entitlement.”
UTAH CODE § 34A-2-413(1)(b)(i). As our court of appeals has
previously concluded, the statute does not require a precise
impairment rating. See Rouse v. Lab. Comm’n, 2024 UT App 77, ¶ 35,
551 P.3d 1014 (“U