Utah Supreme Court

Enrique Martinez, Respondent v. Media-Paymaster Plus/church of Jesus Christ of Latter-Day Saints, and Labor…

May 18, 2007578 Utah Adv. Rep. 20

Summary

The court held that the court of appeals applied the wrong standard when reviewing the Commission's factual determinations about Martinez's ability to perform the essential functions of prior work and the availability of other work. Those determinations are factual and must be reviewed for substantial evidence, including through whole-record review. The court also held that an employee seeking permanent total disability benefits bears the burden of proving all four elements specified in the statute. The court reversed and remanded to the court of appeals for application of the proper standard.