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BENNETT v. INDUSTRIAL COM'N OF UTAH

No. 20705.

726 P.2d 427 (1986)

Robert N. BENNETT, Plaintiff, v. INDUSTRIAL COMMISSION OF UTAH, Johnson Brothers Construction and C.L. Matthews Construction, Defendants.

Supreme Court of Utah.

September 30, 1986.

Attorney(s) appearing for the Case

George K. Fadel, Bountiful, for plaintiff.

Carvel R. Shaffer, Bountiful, Erik M. Ward, Ogden, for defendants.

STEWART, Justice:

Plaintiff Robert N. Bennett seeks reversal of an Industrial Commission order which denied him workers' compensation benefits. At issue is whether Bennett was an employee of Johnson Brothers Construction and a "statutory employee" of C.L. Matthews Construction Co. We reverse the Commission's order.

The facts are as follows: Bennett, a trained cement finisher, was regularly employed by Johnson Brothers Construction from May, 1983, until November...

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