Utah Apex Mining Co. v. Industrial Commission

In Utah Apex Mining Co. v. Industrial Commission, 116 Utah 305, 209 P.2d 571 (1949), an applicant for workers' compensation benefits did not file a formal claim, but his employer and physician submitted their required forms and the employer presumably accepted liability and requested that the applicant appear before the Commission for examination by its medical committee to determine the extent of its liability. Later, the applicant applied for additional benefits because of continuing health problems stemming from his original accident. The Court held that the Commission had jurisdiction over the applicant's original claims despite the fact that "no formal application for compensation was filed," id. at 308, 209 P.2d at 572, and that the Commission therefore had continuing jurisdiction over additional claims. See id. at 310, 209 P.2d at 573. In addition, the Court held that the Commission had initial jurisdiction because the "conduct of the employer and insurer is equivalent to the filing of a claim." Id. at 312, 209 P.2d at 574 (Wolfe, J., concurring). The employer and insurer in Apex Mining had filed necessary reports, recognized liability, voluntarily paid disability compensation, and requested a Commission determination on the amount of compensation due. See id. at 309, 209 P.2d at 573.