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OLSEN v. JOHN HANCOCK MUT. LIFE INS. CO.

No. 16778.

667 P.2d 584 (1983)

Clare K. OLSEN, Plaintiff and Appellant, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, a corporation, and National Rural Electric Cooperative Association, a corporation, Defendants and Respondents.

Supreme Court of Utah.

June 20, 1983.

Attorney(s) appearing for the Case

D. Gary Christian, R. Kimball Mosier, Salt Lake City, for plaintiff and appellant.

Rosemary J. Beless, Peter W. Billings, Jr., Raymond W. Berry, Salt Lake City, for defendants and respondents.

PER CURIAM:

Plaintiff suffered a heart attack on July 29, 1976, while he was employed as manager of Mt. Wheeler Corporation. On September 14, 1976, the employer raised plaintiff's salary retroactively, and made the increase effective as of July 1, 1976, as was the employer's long standing custom. The essential issue raised by plaintiff both here and at the District Court, is whether this retroactive pay raise was effective to increase plaintiff's disability benefits...

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