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GRIFFITH v. INDUSTRIAL COM'N OF UTAH

No. 870208-CA.

754 P.2d 981 (1988)

James T. GRIFFITH, Plaintiff, v. INDUSTRIAL COMMISSION OF UTAH, Cedar City Coca Cola Bottling Company, and Second Injury Fund, Defendants.

Court of Appeals of Utah.

May 18, 1988.

Attorney(s) appearing for the Case

James L. Shumate (argued), Cedar City, for plaintiff.

Shaun Howell (argued), Salt Lake City, for Workers Compensation Fund.

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

Before BILLINGS, DAVIDSON and GARFF, JJ.

OPINION

GARFF, Judge:

This is an appeal brought by plaintiff to review a decision of defendant, Industrial Commission of Utah (Commission), denying plaintiff temporary total disability benefits pursuant to Utah Code Ann. § 35-1-65 (1981).

Plaintiff has had a complicated history of repeated sprains and injuries to both his right and left ankles since 1978. The left ankle ultimately required surgical repair in 1984, during which plaintiff experienced...

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