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ALVAREZ MARTINEZ v. INDUSTRIAL COM'N OF UTAH

No. 20348.

720 P.2d 416 (1986)

Elvira Moreno ALVAREZ MARTINEZ, widow of Samuel Martinez, aka Andres T. Rodriques, deceased, Plaintiff, v. The INDUSTRIAL COMMISSION OF the STATE OF UTAH, Heaton Brothers Roofing and/or State Insurance Fund and Second Injury Fund, Defendants.

Supreme Court of Utah.

May 19, 1986.

Attorney(s) appearing for the Case

Bradley H. Parker, Randall Bunnell, Salt Lake City, for plaintiff.

David L. Wilkinson, Atty. Gen., Gilbert Martinez, (Second Injury), Mary A. Rudolph, Salt Lake City, for defendants.

STEWART, Justice:

The plaintiff, Elvira Moreno Alvarez Martinez, is a nonresident alien living in Mexico who claims workmen's compensation benefits for the death of her husband, Samuel Martinez, who was killed in an industrial accident while working for Heaton Brothers Roofing in Utah. The sole issue on appeal is whether the Utah Workmen's Compensation Act is unconstitutional insofar as it discriminates against nonresident...

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