State News : Utah

LEGISLATIVE AND CASE LAW UPDATE

Brinks Global Services And Arch Insurance Company v. Labor Commission And James Beaty, 2025 UT App 191 (Issued December 20, 2025)

                James Beaty, a truck driver was injured on the job from a truck accident. He filed and was awarded workers compensation benefits. His Employer appealed the award. On appeal, the Appeals Board found the medical panel failed to acknowledge the Beaty’s performance evaluation February 2021 showed “ he still lacked the strength and capacity to do his duties” and affirmed the ALJ ruling concluding that Beaty’s work accident medically caused a “permanent worsening of his pre existing (back) condition “and that the surgery on his lumbar spine was necessary to treat such worsening “

                The Employer Brinks challenged the Appeals Board ruling regarding the issue of the lumbar spine surgery claiming it was not supported by the evidence. On further appeal, the Utah Court of Appeals held the Appeals Board did not err in rejecting the medical panel’s report and by relying on other admissible and substantial evidence in the record.

Theresa Christensen v. Salt Lake Conty v. Labor Commission, 2025 UT 55 (Nov .13, 2025)

                Theresa Christensen sued her former employer (Salt Lake County) under the Utah Antidiscrimination Act claiming the County retaliated against her after she complained her supervisor was sexually harassing her. The Labor Commission Appeals Board concluded Christensen had proven the County retaliated against her and awarded compensation for certain damages she suffered. However, the Appeals Board denied her request for statutory attorney fees based on the Utah Supreme Court’s prior opinion in Injured Worker’s Ass. Of Utah State v. State, 2016 UT 21, 334 P3d14, which foreclosed such an award.

                On Appeal, the Utah Court of Appeals upheld the Boards decision and adopted the U.S. Supreme Court’s test from Burlington Northern Santa Fe Railway v. White, 548US53(2006) which held to constitute actionable retaliation, an employer’s action must be one “that a reasonable employee would have found to be maternally adverse”, “such that it might have dissuaded a reasonable worker from making or supporting a charge of discrimination.” However, on the attorney fees issue, the Court of Appeals disagreed with the Appeals Board and concluded the Board was free to award attorney fees.

                Both parties sought certiorari review which the Utah Supreme Court granted. With respect to the meaning of “adverse action” the Utah Supreme Court agreed with the Court of Appeals adopting the Burlington Standard, but disagreed with its application of the standard for the first time on appeal. The Utah Supreme Court held a remand was thus necessary because it was not apparent from the record that the Board’s decision can be upheld. Accordingly the Supreme Court remanded the case to the Appeals Board so it can apply the Burlington Standard for itself and make additional and necessary findings and conclusions.

                In addition, the Utah Supreme Court held that the case of “injured Workers” does not prevent the Labor Commission from awarding attorney fees or from evaluating those awards for reasonableness. “Accordingly, we affirm in part, reverse in part, and remand to the Board for further proceedings.” In doing so, the ultimate question before the Board was whether Christensen had proven the elements of a retaliation claim by a preponderance of the evidence, not whether she has satisfied the steps of the McDonald Douglas test.

“Finally, if the Board concluded that Christensen should “prevail on remand, nothing we said in Injured Workers prevents the Board from awarding Christensen her attorney fees and evaluating the amounts she requests for reasonableness.”

© Copyright 2026 by Ford G. Scalley, Scalley Reading Bates Hansen & Rasmussen, P.C.