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HALES v. INDUSTRIAL COM'N OF UTAH

No. 920319-CA.

854 P.2d 537 (1993)

Marilyn R. HALES, Widow; Delbert R. Hales, Monica M. Hales, and Cristal E. Hales, Minor Dependent Children; and Robyn L. Chambers, Former Wife of David K. Hales, deceased, Petitioners, v. The INDUSTRIAL COMMISSION OF UTAH; Emery Mining Corporation, aka Utah Power & Light Company; and Energy Mutual Insurance Co., Respondents.

Court of Appeals of Utah.

April 23, 1993.

Attorney(s) appearing for the Case

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

Rinehart L. Peshell (argued), Fairbourn & Peshell, Midvale, for respondents, Emery Min. & Energy Mut.

Benjamin A. Sims, General Counsel, Industrial Commission of Utah, Salt Lake City, for Industrial Com'n of Utah.

Before BENCH, BILLINGS and ORME, JJ.

OPINION

ORME, Judge:

Petitioners appeal the Industrial Commission's order denying their motion for review of an administrative law judge's decision holding they were not entitled to dependent death benefits. The basis of petitioners' appeal is that the statute under which their claims were denied, Utah Code Ann. § 35-1-68(2) (1979), is an unconstitutional statute of repose. We agree and accordingly reverse the Commission's order.1...

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