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SPECIALTY CABINET CO., INC. v. MONTOYA

Nos. 19895, 20051.

734 P.2d 437 (1986)

SPECIALTY CABINET CO., INC., and/or State Insurance Fund, Plaintiffs, v. Mark A. MONTOYA, Industrial Commission of Utah, and Second Injury Fund, Defendants. UTAH TECHNICAL COLLEGE and State Insurance Fund, Plaintiffs, v. William S. MARCHANT and Industrial Commission of Utah, Defendants.

Supreme Court of Utah.

November 28, 1986.

Attorney(s) appearing for the Case

Fred R. Silvester and James R. Black, Salt Lake City, for plaintiffs.

David L. Wilkinson, Atty. Gen., Frank V. Nelson, Asst. Atty. Gen., Salt Lake City, Gilbert A. Martinez, Richard S. Clark, II, Provo, for defendants.

ZIMMERMAN, Justice:

The State Insurance Fund and the employers involved in the two cases here decided, Specialty Cabinet and Utah Technical College, appeal from allowance of workers' compensation benefits to Mark Montoya and William Marchant under U.C.A., 1953, § 35-1-45 (1974 ed. & Supp. 1986). The question in each case is whether the employee suffered an injury "by accident arising out of or in the course of his employment." Both cases are ruled by the...

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