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MARSHALL v. INDUS. COM'N OF STATE OF UTAH

No. 19153.

681 P.2d 208 (1984)

Nolan W. MARSHALL, Plaintiff, v. The INDUSTRIAL COMMISSION OF the STATE OF UTAH, Emery Mining Co., (Employer), and/or the State Insurance Fund of Utah, and the Second Injury Fund, Defendants.

Supreme Court of Utah.

April 5, 1984.

Attorney(s) appearing for the Case

Virginus Dabney, Salt Lake City, for plaintiff.

David L. Wilkinson, Atty. Gen., Salt Lake City, for Indus. Com'n.

Gilbert A. Martinez, Salt Lake City, for Second Injury Fund.

James R. Black, Salt Lake City, for State Ins. Fund.

DURHAM, Justice:

This case is a writ of review from the Industrial Commission of the State of Utah. The appellant, Nolan W. Marshall, was employed by the defendant, Emery Mining Company, as a maintenance mechanic in a coal mine. On January 25, 1980, the appellant was leaving the mine in a minetrip, which is a trailer with wooden seats pulled by a tractor. The minetrip rolled over a large lump of coal and the plaintiff was bounced up and then down on the seat, injuring...

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