Legal Opinion
A-1 Septic Tank Servs. LLC v. Messersmith
Court of Appeals of Utah
Decided April 25, 2019No. 20170690-CAPublished
Judge Michele M. Christiansen Forster authored this Opinion, in which Judges Jill M. Pohlman and Diana Hagen concurred.
1Opinion of the Court
CHRISTIANSEN FORSTER, Judge:
¶1 An administrative law judge (ALJ) dismissed with prejudice a request for a hearing on Kris Messersmith's claim for work-related injury and disability benefits following a work accident. Messersmith appealed to the Utah Labor Commission (Commission), and the Commission modified part of the ALJ's decision: the Commission changed the dismissal to one without prejudice, thereby permitting Messersmith to refile his claim. A-1 Septic Tank Services LLC and Auto Owners Insurance Company (collectively, A-1) seek judicial review. Because the Commission effectively…
2Cases cited5 opinions
- Allen v. Industrial CommissionUtah Supreme Court · 1986
- Miller v. USAA Casualty Insurance Co.Utah Supreme Court · 2002
- Hutchings v. Labor CommissionCourt of Appeals of Utah · 2016
- A & B Mechanical Contractors v. Labor CommissionCourt of Appeals of Utah · 2013
- Helf v. INDUSTRIAL COM'N OF UTAHCourt of Appeals of Utah · 1995