Utah Court of Appeals
Can a currently employed worker claim permanent total disability in Utah? Prows v. Labor Commission Explained
Summary
David Prows, a brickmason, fell from scaffolding in 2007 and later filed for permanent total disability benefits. While his claim was pending, Prows accepted employment at the VA Hospital, then sought benefits only for the period between losing his original job and starting his new job. The Labor Commission denied his claim, ruling that his gainful employment at the time of the hearing precluded a finding of permanent total disability.
Practice Areas & Topics
Analysis
The Utah Court of Appeals addressed a fundamental question about workers’ compensation permanent total disability benefits in Prows v. Labor Commission: can a worker who is gainfully employed at the time of their administrative hearing establish permanent total disability for a past period of unemployment?
Background and Facts
David Prows, a brickmason for over twenty-five years, suffered injuries when he fell from scaffolding in 2007, tearing his rotator cuff and injuring his head. After losing his job, Prows filed for permanent total disability benefits in November 2011. However, one month later, he accepted employment at the VA Hospital sorting mail for $13 per hour. Rather than withdrawing his claim, Prows narrowed it to seek benefits only for the period between losing his original job and starting his new employment.
Key Legal Issues
The central issue was interpreting Utah Code section 34A-2-413(1)(c)(i), which requires that to establish permanent total disability, an employee must prove they “is not gainfully employed.” Prows argued this language should be read as “was not gainfully employed during the period of claimed disability,” while respondents contended that current employment at the time of the hearing barred recovery.
Court’s Analysis and Holding
The court applied standard statutory interpretation principles, focusing on the plain language of the statute. The court emphasized that the legislature used the present tense verb “is” rather than “was,” requiring current unemployment at the time of the hearing. The court rejected Prows’s arguments that other subsections of the Workers’ Compensation Act supported his interpretation, noting that those provisions addressed post-award changes in circumstances, not pre-award employment status.
Practice Implications
This decision establishes that workers seeking permanent total disability benefits must remain unemployed through the conclusion of their administrative proceedings. The timing of employment relative to the hearing is critical—accepting any gainful employment before the hearing concludes will bar permanent total disability claims, regardless of past periods of unemployment due to the injury.
Case Details
Case Name
Prows v. Labor Commission
Citation
2014 UT App 196
Court
Utah Court of Appeals
Case Number
No. 20130471-CA
Date Decided
August 14, 2014
Outcome
Affirmed
Holding
A worker who is gainfully employed at the time of an administrative hearing cannot establish permanent total disability under Utah Code section 34A-2-413(1)(c)(i), which requires proving that the employee ‘is not gainfully employed.’
Standard of Review
Correctness for agency interpretation of law
Practice Tip
When representing clients in permanent total disability claims, ensure they remain unemployed until after the administrative hearing concludes, as current gainful employment will bar recovery regardless of past disability periods.
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