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BARNARD & BURK GROUP, INC. v. LABOR COM'N

No. 20040987-CA.

122 P.3d 700 (2005)

2005 UT App 401

BARNARD & BURK GROUP, INC.; and/or National Union Fire, Petitioners, v. LABOR COMMISSION and Johnny Albert, Respondents.

Court of Appeals of Utah.

September 22, 2005.

Attorney(s) appearing for the Case

Rafael A. Seminario, Carrie T. Taylor, and Michael K. Woolley, Richards Brandt Miller & Nelson, Salt Lake City, for Petitioners.

Richard R. Burke, King, Burke & Schapp PC, Alan Hennebold, Labor Commission, Floyd W. Holm, and Elliot K. Morris, Workers Compensation Fund, Salt Lake City, for Respondents.

Before Judges DAVIS, ORME, and THORNE.

OPINION

THORNE, Judge:

¶ 1 Barnard & Burk Group, Inc. (Barnard) and its insurer National Union Fire appeal from the Labor Commission's (Commission) award of medical expenses and permanent partial disability compensation to Johnny Albert, arising from a 1991 industrial accident. The majority of Barnard's arguments challenge the Commission's decision that Barnard failed to properly raise a statute of limitations defense under its pleading rules. ...

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