MARSHALL v. INDUSTRIAL COM'N OF STATE OF UTAH

No. 20141.

704 P.2d 581 (1985)

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

Supreme Court of Utah.

August 7, 1985.


Attorney(s) appearing for the Case

Virginius Dabney, Salt Lake City, for plaintiff.

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

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

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


HALL, Chief Justice:

Plaintiff appeals a decision of the Industrial Commission denying him interest on past due benefits. Interest was denied on the ground that plaintiff's injury occurred before passage of the statute providing for interest payments. U.C.A., 1953, § 35-1-78 (Supp. 1983). We reverse.

On January 25, 1980, plaintiff was injured in an industrial accident in an underground coal mine. He was paid temporary total disability benefits from March...

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