INTERMOUNTAIN SMELTING CORP. v. CAPITANO

No. 16530.

610 P.2d 334 (1980)

INTERMOUNTAIN SMELTING CORP. and State Insurance Fund, Plaintiffs, v. Anthony CAPITANO, and Special Fund of Section 35-7-69 Utah Code Ann., Defendant.

Supreme Court of Utah.

March 24, 1980.


Attorney(s) appearing for the Case

James R. Black of Black & Moore, Salt Lake City, for Intermountain Smelting.

Robert B. Hansen, Atty. Gen., and Frank V. Nelson, Asst. Atty. Gen., Salt Lake City, for State Insurance Fund.

Andrew R. Hurley, Salt Lake City, for Capitano.


CROCKETT, Chief Justice:

Plaintiff Intermountain Smelting Corp. (and its insurer the State Insurance Fund) challenge the manner of apportionment of workmen's compensation benefits paid to its employee Anthony Capitano as between plaintiffs, and the special fund set up by Sections 35-1-68 and 69, U.C.A., 1953, to pay for pre-existing disabilities.

On June 9, 1976, in the course of his duties in construction work, the...

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