BAILEY v. UTAH STATE INDUSTRIAL COMMISSION

No. 10148.

16 Utah 2d 208 (1965)

398 P.2d 545

JOANN L. BAILEY, A WIDOW, AND TODD F. BAILEY, MINOR SON OF FRANK DEE BAILEY, DECEASED, PLAINTIFFS, v. UTAH STATE INDUSTRIAL COMMISSION AND UTAH STATE INSURANCE FUND, DEFENDANTS.

Supreme Court of Utah.

January 29, 1965.


Attorney(s) appearing for the Case

Heber Grant Ivins, American Fork, for plaintiff.

A. Pratt Kesler, Atty. Gen., Charles Welch, Jr., Salt Lake City, for defendants.


CALLISTER, Justice.

Appeal from an order of the Industrial Commission denying an award for the death of Frank Dee Bailey. The Commission found that the deceased was not in the course of his employment at the time of the fatal accident.

Prior to his death, the deceased owned and operated a service station in Lehi, Utah, and was insured under the Workmen's Compensation Act as a sole proprietor.1 He thus had the dual status, for purposes...

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