Legal Opinion

Bailey v. Retirement Board, Long Term Disability Program

Court of Appeals of Utah

Decided December 20, 2012No. 20110859-CAPublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM DECISION

VOROS, Judge:

¶ 1 Petitioner Kathleen Bailey petitions for review of the Utah State Retirement Board's decision denying ongoing permanent total disability benefits. We decline to disturb the Board's ruling.

¶ 2 In reviewing agency decisions, this court may grant relief if "it determines that a person seeking judicial review has been substantially prejudiced by ... a determination of fact, made or implied by the ageney, that is not supported by substantial evidence when viewed in light of the whole record before the court." Utah Code Annu. § 63G-4-403(4), (d)(g) (LexisNexis…

2Cases cited7 opinions

  1. Black & Decker Disability Plan v. NordSupreme Court of the United States · 2003
  2. Grace Drilling Co. v. Board of ReviewCourt of Appeals of Utah · 1989
  3. Martinez v. Media-Paymaster Plus/Church of Jesus Christ of Latter-Day SaintsUtah Supreme Court · 2007
  4. Acton v. DeliranUtah Supreme Court · 1987
  5. Adams v. Board of Review of Indus. Com'nCourt of Appeals of Utah · 1991

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. MitchellCourt of Appeals of Utah · 2013
  2. Fogleman v. Labor CommissionCourt of Appeals of Utah · 2015
  3. R.B. v. L.B.Court of Appeals of Utah · 2014
  4. Valdez v. Labor CommissionCourt of Appeals of Utah · 2017
  5. Macfarlane v. CSROCourt of Appeals of Utah · 2019

2 more not listed; retrieve them via the Exa API.

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