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HEATON v. SECOND INJURY FUND

No. 880335.

796 P.2d 676 (1990)

Sharon L. HEATON, Plaintiff and Petitioner, v. SECOND INJURY FUND (EMPLOYER'S REINSURANCE FUND), Defendant and Respondent.

Supreme Court of Utah.

May 25, 1990.

Attorney(s) appearing for the Case

James R. Black, Wendy B. Moseley, Salt Lake City, for plaintiff and petitioner.

Erie Boorman, Salt Lake City, for defendant and respondent.

STEWART, Justice:

We granted a writ of certiorari to review a decision of the court of appeals which affirmed a decision of the Industrial Commission. Heaton v. Second Injury Fund, 758 P.2d 957 (Utah Ct.App. 1988). We reverse in part and affirm in part.

On October 6, 1975, the petitioner, Sharon L. Heaton, a thirty-nine-year-old male, was injured when he fell while carrying two one-hundred-pound sacks of drilling mud...

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