SMITH v. LABOR COMMISSION

McHUGH, Judge:

Dale T. Smith Sons and the Workers' Compensation Fund (collectively Petitioners) seek review of the Utah Labor Commission's order requiring that they pay 100% of Jeffrey D. Smith's medical expenses related to treatment of his lumbar degenerative joint disease. Petitioners argue that the Labor Commission incorrectly interpreted Utah Code section 34A-3-110 when it determined that medical expenses are not "compensation" subject to apportionment under that section. See Utah Code Ann. § 34A-3-110 (2005).

In Ameritech Library Services v. Labor Commission, 2007 UT App 305, a companion case that was briefed concurrently with this case, we rejected arguments identical to those raised by Petitioners. InAmeritech we held that the term "compensation," as used in section 34A-3-110, does not include medical expenses and that apportionment of medical expenses is not appropriate under that section of the Utah Occupational Disease Act. See id. at ¶¶ 14-16. For the reasons stated in that decision, we affirm.

Affirmed.

WE CONCUR: Russell W. Bench, Presiding Judge, William A. Thorne Jr., Judge.