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KOHLER v. INDUSTRIAL COMMISSION

No. 14506.

555 P.2d 293 (1976)

Reba KOHLER, widow of Harry L. Kohler, Deceased, Plaintiff, v. The INDUSTRIAL COMMISSION of Utah et al., Defendants.

Supreme Court of Utah.

October 7, 1976.

Attorney(s) appearing for the Case

Alan F. Mecham of Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, for plaintiff.

Vernon B. Romney, Atty. Gen., Frank V. Nelson, Asst. Atty. Gen., Salt Lake City, for The Industrial Commission of Utah.

Robert D. Moore, Gregory C. Diamond, Salt Lake City, for State Ins. Fund.

HENRIOD, Chief Justice:

Review of a Commission order reducing a widow's award to a 1/3 lump sum when she remarried, as provided for in Title 35-1-73, Utah Code Annotated 1953. Affirmed, with no costs awarded.

Mrs. Kohler, a widow, urges that the above act,1 in effect at the time of Mr. Kohler's death that resulted from an industrial accident, constitutionally is discriminatory and a "cruel in terrorem disincentive for remarriage...

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