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VELARDE v. BD. OF REVIEW OF INDUS. COM'N

No. 910484-CA.

831 P.2d 123 (1992)

Sadie VELARDE, spouse of Nicanor Velarde, deceased, Petitioner, v. BOARD OF REVIEW OF the INDUSTRIAL COMMISSION OF UTAH; and Kennecott Copper Corporation, Respondents.

Court of Appeals of Utah.

April 14, 1992.

Attorney(s) appearing for the Case

James R. Black (argued), Susan Black, Callister, Duncan & Nebeker, Salt Lake City, for petitioner.

James M. Elegante (argued), Howard C. Young, Parsons, Behle & Latimer, Salt Lake City, for respondent Kennecott Copper.

Benjamin A. Sims, Thomas C. Sturdy, Indus. Com'n of Utah, Salt Lake City, for respondent Indus. Com'n.

Before BILLINGS, JACKSON and RUSSON, JJ.

JACKSON, Judge:

Petitioner, Sadie Velarde, appeals the action of the Industrial Commission (the Commission) dismissing her claim for death benefits under the Utah Occupational Disease Act (the Act),1 on the basis that the statute under which her claim was denied is an unconstitutional statute of repose. We reverse and remand.

FACTS2

On March 24, 1982, after almost nine years as an employee...

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