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INTERMOUNTAIN SLURRY SEAL v. LABOR COMM'N

No. 20010271-CA.

48 P.3d 252 (2002)

2002 UT App 164

INTERMOUNTAIN SLURRY SEAL and/or CNA Insurance, Petitioner, v. LABOR COMMISSION and Kyle Stephens, Respondents.

Court of Appeals of Utah.

May 16, 2002.

Attorney(s) appearing for the Case

Robert C. Olsen and Theodore E. Kanell, Plant Wallace Christensen & Kanell, Salt Lake City, for Petitioner.

Daniel F. Bertch, Kevin K. Robson, Bertch Robson, Alan Hennebold, Labor Commission, Salt Lake City, and Jan P. Malmberg, Paul J. Whelan, Perry Malmberg & Perry, Logan, for Respondents.

Before JACKSON, P.J., and GREENWOOD, and THORNE, JJ.

OPINION

THORNE, Judge:

¶ 1 Intermountain Slurry Seal and CNA Insurance (Employer) appeal from an order of the Labor Commission (the Commission) concluding that injuries qualifying for workers' compensation benefits under Utah Code Ann. § 34A-2-413(10) (2001)1 are not subject to the suspension of benefits provision found in section 34A-2-413(7).2 We affirm.

BACKGROUND

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