Randy G. Taylor v. Industrial Commission

Claimant was injured while at work through the negligence of a party who was not his employer. He received workers compensation from his employer for temporary total disability and later, by stipulation, for permanent partial disability. Claimant settled his case against the third party and released the third party from all present and future liability. After he signed the release, claimant discovered additional accident-related injuries, for which he sought workers compensation from his employer. when his employer refused to pay additional benefits, claimant filed a claim with the Industrial Commission. The administrative law Judge retroactively approved the settlement with the third party and held that claimant was not entitled to further workers compensation until the amount paid to him by the third party had been exhausted. The decision of the administrative law Judge was affirmed by the Industrial commission. On appeal, claimant argues that the administrative law Judge erred in interpreting Utah code Ann. 35-1-62 (Supp. 1987), which, according to claimant, requires prior commission approval of all third-party settlements and does not require that future medical expenses be deducted from the amount received as a settlement from the third party. We decline to adopt claimants interpretation.