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JACOBSEN v. INDUSTRIAL COM'N OF UTAH

No. 860222-CA.

738 P.2d 658 (1987)

Dennis JACOBSEN and/or State Insurance Fund, Plaintiffs, v. INDUSTRIAL COMMISSION OF UTAH, Defendant.

Court of Appeals of Utah.

June 15, 1987.

Attorney(s) appearing for the Case

James R. Black, Black & Moore, Salt Lake City, for plaintiffs.

Ralph L. Finlayson, Asst. Atty. Gen., Building Mail.

Phillip B. Shell, Murray, for interested party Mark Pugh.

Robert J. Shaugnessy, Salt Lake City, for interested party Bruce Ring.

Susan Pixton, Administrator Default Indemnity Fund, Utah Indus. Com'n, interested party, Salt Lake City.

Before JACKSON, ORME and BENCH, JJ.

OPINION

JACKSON, Judge:

Plaintiff Dennis Jacobsen seeks reversal of an Industrial Commission order that requires him to pay workers' compensation benefits due Mark Pugh. At issue is whether Pugh was a statutory employee of Jacobsen and, if so, whether Jacobsen or the Uninsured Employers' Fund is next in line to pay Pugh's benefits if Pugh's immediate employer cannot. We affirm the Commission's order.

Pugh was employed as a laborer-carpenter's helper...

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