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SMITH v. MITY LITE

No. 960441-CA.

939 P.2d 684 (1997)

Robert SMITH, Petitioner, v. MITY LITE, Workers' Compensation Fund of Utah, Employers' Reinsurance Fund, and Industrial Commission of Utah, Respondents.

Court of Appeals of Utah.

June 5, 1997.

Attorney(s) appearing for the Case

Sherlynn White Fenstermaker and David N. Mortensen, Ivie & Young, Provo, for Petitioner.

Gerald J. Lallatin and Sandra N. Dredge, Dredge & Lallatin, L.L.C., Provo, for Respondents Mity Lite and Workers' Compensation Fund.

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

Alan L. Hennebold, Salt Lake City, for Respondent Industrial Commission.

Before BENCH, GREENWOOD and ORME, JJ.

OPINION

GREENWOOD, Judge:

Petitioner Robert Smith seeks review of an Industrial Commission order denying him permanent total disability workers' compensation benefits for an industrial accident. We reverse and remand for further proceedings.

BACKGROUND

On May 23, 1990, while Smith was employed by respondent Mity Lite, he injured his back when he lifted a heavy pallet. Subsequently, Smith consulted and was examined by four different physicians...

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