Smith Concrete, Inc. v. Mountain Enterprises, Inc.

OPINION OF THE COURT

In this workers’ compensation case, the central issue involves the identity of the employer with whom liability rests for the occupational injury suffered by claimant. The Workers’ Compensation Board (Board) reversed the finding of the Administrative Law Judge (AU) on this issue and recognized that several procedural errors amounted to a denial of due process. The Court of Appeals reversed the Board and reinstated the opinion of the AU, stating “... the Administrative Law Judge as fact-finder was well within his prerogative....” and the board had no authority to review the…