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Gary Atkin

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The Commission entered a preliminary Order finding that an employee was permanently totally disabled, thereby establishing the obligation for the Employer to provide a Return to Work Plan.  Unless the Employer fails to provide a return to work plan, the Commission is then required to have a second hearing to determine whether the return to work plan is viable and, if it determines it is, no final Order of permanent total disability is rendered until it is subsequently determined that the attempts under the Return to Work Plan have still not been able to return the Employee to Work.  During the interim, the Employer is required to make all temporary benefit payments unless the Commission grants a Stay during the Appeal Process, which it will not generally do.  In this case, the Employer sought a stay which was denied.  An Abstract of Judgment was obtained from the Commission for payments past due and filed with the District Court by the employee's counsel which made that abstract into a Judgment just like any other Judgment which could be entered by the District Court.  The Employer filed a Motion with the District Court for the entry of a Stay against that Judgment because it was appealing the Commission's Order to the Court of Appeals.  Employee's counsel filed an extensive Memorandum and Objection to that Motion on the grounds the District Court had no jurisdiction to enter such a Stay.  The District Court, Judge Paul G. Maughn,  agreed with the Employee and refused to stay proceedings on the collection of that Judgment.  Employer then filed a Petition for Extraordinary Relief and Request for Emergency Relief seeking to stay execution of the Order.  The Supreme Court denied the Petition and the Request in Case No. 20130629-SC in an unreported decision.  The Appeal itself from the Commission Order, along with the remaining request for a hearing on a Stay in conjunction with that Appeal were consolidated by the Court as Case No. 20130688-CA and transferred to the Court of Appeals for determination.  The Court of Appeals then issued an Order of Partial Summary Dismissal based upon Employee's Motion for Summary Disposition, determining that it would not disturb the determinations of the Commission and the District Court.  During the interim, the Court also issued its determination affirming the Commission's determinations regarding the findings of permanent total disability of the employee in the underlying case as discussed regarding the underlying A & B Mechanical case.  Employee;s counsel actually collected the amounts claimed under the Judgment, along with additional attorneys' fees exceeding $10,000.00, by having the district court issue a garnishment against the worker's compensation fund's bank accounts because of their ongoing refusals.  See Unreported decisions in A & B Mechanical Contractors v. Honorable Paul G. Maughn, Utah Court of Appeals, Utah Labor Comm'n and Scott Driscoll, Utah Supreme Court case No. 20130629-SC and in A & B Mechanical Contractors v. Utah Labor Comm'n, Order of Partial Summary Dismissal, Utah Court of Appeals Case No. 20130688-CA
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