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MARTINEZ v. MEDIA-PAYMASTER PLUS

No. 20040590-CA.

117 P.3d 1074 (2005)

2005 UT App 308

Enrique MARTINEZ, Petitioner, v. MEDIA-PAYMASTER PLUS (self-insured, The Church of Jesus Christ of Latter-day Saints); and Labor Commission, Respondents.

Court of Appeals of Utah.

June 30, 2005.

Attorney(s) appearing for the Case

Richard R. Burke, King Burke & Schapp PC, Salt Lake City, for Petitioner.

Stuart F. Weed, Christian S. Collins, Kirton & McConkie, and Alan Hennebold, Labor Commission, Salt Lake City, for Respondents.

Before Judges BILLINGS, GREENWOOD, and JACKSON.

OPINION

JACKSON, Judge:

¶ 1 Enrique Martinez appeals from the Labor Commission's order, denying his claim for permanent total disability benefits. We reverse and remand.

BACKGROUND

¶ 2 Martinez injured his back and arm while working for Media-Paymaster Plus, and as a result, his mobility and hand functions are impaired. Nevertheless, the Commission concluded that Martinez could perform the "essential functions" of a fast food...

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