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Utah high court overturns dismissal of comp claim over failed medical exams - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Utah high court overturns dismissal of comp claim over failed medical exams by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Jul 17, 2026 The Utah Supreme Court on Thursday overturned the dismissal of a Kroger Co. workers compensation claim over repeated failed independent medical examinations, holding that state law permits the claim to be suspended but not dismissed. In Hooker v. Labor Commission , the unanimous court set aside the Utah Labor Commission Appeals Board’s dismissal of Laura Nycole Hooker’s claim with prejudice. Her claim remains suspended while she is considered to be obstructing the examination process. Ms. Hooker alleged she injured her left thumb and elbow while working for Kroger in 2015 and subsequently developed complex regional pain syndrome. Three attempts to conduct employer-requested medical examinations failed amid disputes concerning paperwork, recording an examination, questions posed by an examiner and Ms. Hooker’s concerns that air conditioning would aggravate her condition. The appeals board found a pattern of antagonistic and obstructive conduct and concluded that ordinary discovery sanctions permitted it to dismiss the claim. The Supreme Court disagreed, holding that a workers comp statute specifically provides that a claim “shall be suspended” during an employee’s refusal to submit to or obstruction of a medical examination. That specific remedy controls over the more general discovery rule allowing dismissal, the court said. The court did not decide whether Ms. Hooker had actually obstructed the examinations. It also declined to consider monetary sanctions imposed against her attorneys, ruling that Ms. Hooker lacked standing to challenge financial obligations imposed on someone else. 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