Borja v. Labor Commission

Memorandum Decision

GREENWOOD, Senior Judge:

11 Rene Borja seeks judicial review of an order of the Utah Labor Commission Appeals Board (the Board) denying him benefits to pay for lumbar fusion surgery. We decline to disturb the Board's decision.

T2 Borja injured his back on March 7, 2010, while employed by Wal-Mart, when he was pulling a heavy pallet on a pallet jack. Borja was treated at Intermountain Work-Med the next day for low back pain that radiated down his back and legs. He was diagnosed with a lumbar strain and initially treated with physical therapy. The pain continued, and an MRI…