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DAY'S MARKET, INC. v. MUIR

No. 19782.

719 P.2d 528 (1986)

DAY'S MARKET, INC., State Insurance Fund, Plaintiffs, v. Calvin MUIR and Second Injury Fund, Defendants.

Supreme Court of Utah.

May 7, 1986.

Attorney(s) appearing for the Case

David L. Wilkinson, Atty. Gen., Frank Nelson, Asst. Atty. Gen., Salt Lake City, for Indust. Com'n.

Susan B. Diana, Salt Lake City, for State Ins. Fund.

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

Joseph E. Tesch, Heber City, for Muir.

DURHAM, Justice:

This is an action to determine whether a workers' compensation award should be apportioned between the State Insurance Fund and the Second Injury Fund. The case was first tried before an administrative law judge, who apportioned the award equally between the two funds. The State Insurance Fund appealed that decision to this Court, arguing that the Second Injury Fund should have paid a larger share of the award. This Court did not reach the merits...

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