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OMAN v. INDUSTRIAL COM'N OF UTAH

No. 860189-CA.

735 P.2d 665 (1987)

Charles G. OMAN, Plaintiff, v. INDUSTRIAL COMMISSION OF UTAH, Peabody Coal Company, Old Republic Insurance Company and Second Injury Fund, Defendants.

Court of Appeals of Utah.

April 15, 1987.

Attorney(s) appearing for the Case

Henry K. Chai, II, Snow, Christensen & Martineau, Salt Lake City, for Peabody Coal Co.

Erie V. Boorman, Adm'r Second Injury Fund, Salt Lake City.

Virginius Dabney, Dabney & Dabney, P.C., Salt Lake City, for plaintiff.

Before GARFF, GREENWOOD and BENCH, JJ.

GREENWOOD, Judge:

Plaintiff seeks modification of an order by the Industrial Commission awarding him permanent total disability benefits. The benefits were to commence as of September 24, 1984, the date permanent total disability was first medically confirmed. Plaintiff urges benefits should commence from either the day of the industrial accident (May 12, 1975) or the day after he last worked for the employer (April 22, 1976), whichever is later. Under that theory...

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