Willardson v. Industrial Com'n of Utah

In concluding that the ALJ violated rule 568-1-9 in refusing to convene a medical panel, the majority disregards the general rule that “[i]ssues not raised before the administrative agency are waived on appeal.” Gibson v. Board of Review of Indus. Comm’n, 707 P.2d 675, 677 (Utah 1985) (per curiam); accord Pease v. Industrial Comm’n, 694 P.2d 613, 616 (Utah 1984). Although Willardson did ask the ALJ to convene a medical panel, he did so on the sole ground that because he presented “Conflicting medical reports of permanent physical impairment which vary more than 5% of the whole person,”…