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ORTEGA v. MEADOW VALLEY CONST.

Nos. 981644, 981645.

996 P.2d 1039 (2000)

2000 UT 24

Martin ORTEGA and the Industrial Commission of Utah, Respondents, v. MEADOW VALLEY CONSTRUCTION, Workers' Compensation Fund of Utah, and Employers Reinsurance Fund, Petitioners. Rolland Burgess and the Industrial Commission of Utah, Respondents, v. Siaperas Sand & Gravel, JWR Construction, and Workers' Compensation Fund of Utah, Petitioners.

Supreme Court of Utah.

January 28, 2000.

Attorney(s) appearing for the Case

Hans M. Scheffler, Salt Lake City, for Burgess.

David K. Smith, Midvale, for Ortega. Alan L. Hennebold, Salt Lake City, for Industrial Commission.

Barbara W. Sharp, James R. Black, Salt Lake City, for Meadow Valley Construction, Workers' Compensation Fund of Utah, Siaperas Sand & Gravel, and JWR Construction.

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

ON CERTIORARI TO THE UTAH COURT OF APPEALS

HOWE, Chief Justice:

¶ 1 We granted certiorari to review two decisions of the court of appeals: an unpublished decision in Ortega v. Meadow Valley Construction, No. 971405-CA, slip op. (Utah Ct.App. Sept. 11, 1998), and a published decision in Burgess v. Siaperas Sand & Gravel, 965 P.2d 583 (Utah Ct.App.1998). Both cases present the same legal issue, but because...

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