Under Utah’s Allen standard, where the claimant suffers from a preexisting condition that contributes to the injury, the claimant is required to show an unusual or extraordinary exertion in order...
Utah Rule Heightened Standard Regarding Preexisting Conditions Dooms Claim Utah Rule Heightened Standard Regarding Preexisting Conditions Dooms ClaimCourt Discusses Important Distinction Between “Legal” and “Medical” Causation Stepping lightly through the difficult mine field of “legal causation,” a Utah appellate court affirmed a decision by the state’s Labor...
Utah Court: Unusual Exertion Required if Claimant Has Preexisting Condition Utah Court: Unusual Exertion Required if Claimant Has Preexisting ConditionThe great majority of jurisdictions that have dealt with the issue, either by decision or statute, recognize the tort of retaliatory discharge for filing a workers compensation claim [see Larson’s...
Employers Face Possible Liability in “Pretaliatory” Discharge Cases Employers Face Possible Liability in “Pretaliatory” Discharge Cases