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SECOND INJURY FUND v. STREATOR CHEVROLET

No. 19595.

709 P.2d 1176 (1985)

SECOND INJURY FUND, Plaintiff, v. STREATOR CHEVROLET and/or Utah State Insurance Fund, Howard E. Webb and the Industrial Commission of Utah, Defendants.

Supreme Court of Utah.

November 18, 1985.

Attorney(s) appearing for the Case

David L. Wilkinson, Atty. Gen., Gilbert A. Martinez, Salt Lake City, for plaintiff.

James R. Black, Dennis V. Lloyd, Stuart L. Poelman, Salt Lake City, for defendants.

ZIMMERMAN, Justice:

This case raises for the first time the proper interpretation of the 1981 amendments to section 35-1-69(1) of the Code relating to the circumstances under which an injured worker is entitled to recover not only for permanent partial incapacity caused by an industrial injury, but also for permanent partial incapacities incurred prior to the industrial injury. The Industrial Commission awarded claimant Webb compensation for permanent partial incapacity...

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