MECHAM v. INDUSTRIAL COM'N OF UTAH

No. 19337.

692 P.2d 783 (1984)

Eudora MECHAM, Plaintiff, v. The INDUSTRIAL COMMISSION OF UTAH, Eitel McCullough, Inc., Fidelity Casualty Co., and Second Injury Fund, Defendants.

Supreme Court of Utah.

November 16, 1984.


Attorney(s) appearing for the Case

Robert J. Shaughnessy, Salt Lake City, for plaintiff.

Wallace R. Lauchnor, Gilbert A. Martinez (2nd Injury), Frank V. Nelson, Asst. Atty. Gen., Salt Lake City, for defendants.


HOWE, Justice:

Plaintiff Eudora Mecham seeks review of an order of the Industrial Commission that adopted the conclusion of the administrative law judge that her claim for permanent total disability was barred by U.C.A., 1953, § 35-1-99.

On October 31, 1961, Mecham sustained a disc hernia as a result of an industrial accident while employed by defendant Eitel McCullough, Inc. However, the diagnosis upon initial examination was simply acute lumbo-sacral...

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