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OLYMPUS OIL, INC. v. HARRISON

No. 880279-CA.

778 P.2d 1008 (1989)

OLYMPUS OIL, INC., the Workers' Compensation Fund of Utah, and the Employers' Reinsurance Fund, Petitioners, v. Stanley Lou HARRISON, and the Industrial Commission of Utah, Respondents.

Court of Appeals of Utah.

August 14, 1989.

Attorney(s) appearing for the Case

James R. Black and Kevin M. McDonough, Black & Moore, Salt Lake City, for Workers' Compensation Fund of Utah.

Erie V. Boorman, Jr., Salt Lake City, for Employers' Reinsurance Fund.

Virginius Dabney, Dabney & Dabney, P.C., Salt Lake City, for Stanley Lou Harrison and Olympus Oil, Inc.

R. Paul Van Dam and Barbara Elicerio, Salt Lake City, for Industrial Comm'n of Utah.

James M. Elegante, J. Michael Bailey, Parsons, Behle & Latimer, Salt Lake City, for amici curiae: Utah Mfrs. Ass'n, Utah Petroleum Ass'n and Utah Min. Ass'n.

Stuart L. Poelman, Henry K. Chai, II, Snow, Christensen & Martineau, Salt Lake City, for amici curiae: Argonaut Ins., Electric Mut. Ins., Fireman's Fund, Great American Ins., Industrial Indem., K-Mart Corp., Nordstrom, Inc., Royal Ins., Underwriters Adjusting Co., United Pacific, and Weber County.

Before BENCH, GARFF and ORME, JJ.

OPINION

BENCH, Judge:

Olympus Oil, Inc., through its insurance carrier, the Workers' Compensation Fund of Utah, and the Employers' Reinsurance Fund (previously known as the "Second Injury Fund") seek review of a decision of the Industrial Commission of Utah (Commission). The Commission held that an employer or its insurance carrier can be required to pay an injured worker's attorney fees in addition to, rather than from, a worker's compensation award. We...

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