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ABEL v. INDUSTRIAL COM'N OF UTAH

No. 920262-CA.

860 P.2d 367 (1993)

Darrell F. ABEL, Petitioner, v. The INDUSTRIAL COMMISSION OF UTAH; West Jordan Care Center; Workers Compensation Fund; and Employers' Reinsurance Fund, Respondents.

Court of Appeals of Utah.

September 3, 1993.

Attorney(s) appearing for the Case

Virginius Dabney (argued), Dabney & Dabney, P.C., Salt Lake City, for petitioner.

Mark D. Dean (argued), Salt Lake City, for Workers Compensation Fund of Utah.

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

Before BENCH, GREENWOOD and RUSSON, JJ.

OPINION

RUSSON, Associate Presiding Judge:

Darrell F. Abel seeks review of an order of the Board of Review of the Industrial Commission of Utah denying his claim for permanent total disability benefits under Utah Code Ann. § 35-1-67 (1988) and Utah Admin.Code R490-1-17(C) (1991). We reverse and remand.

FACTS

In early March 1989, Abel began working thirty-two hours per week as a trainer/nurse's aide at West Jordan Care Center. On March...

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