KINCHELOE v. COCA-COLA BOTTLING CO. OF OGDEN

No. 17624.

656 P.2d 440 (1982)

Terry C. KINCHELOE, Plaintiff, v. COCA-COLA BOTTLING COMPANY OF OGDEN and State Insurance Fund, Defendants.

Supreme Court of Utah.

November 5, 1982.


Attorney(s) appearing for the Case

James R. Hasenyager, Ogden, for plaintiff.

David Eckersley, David L. Wilkinson, Frank V. Nelson, Salt Lake City, for defendants.


HALL, Chief Justice:

This is an action to review an order of the Industrial Commission affirming a decision of an administrative law judge which held that U.C.A., 1953, § 35-1-69 (dealing with the "special fund" or the "second injury fund") was inapplicable to the facts presented.

On February 12, 1980, plaintiff Kincheloe was allegedly injured while lifting a case of soda pop at his place of employment. The injury caused plaintiff significant pain in...

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