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MERRILL v. LABOR COM'N

No. 20060693-CA.

163 P.3d 741 (2007)

2007 UT App 214

Nathan H. MERRILL, Petitioner, v. LABOR COMMISSION; Vermax of Florida, Inc. dba Dakota Cabinets; and Wausau Business Insurance, Respondents.

Court of Appeals of Utah.

June 21, 2007.

Attorney(s) appearing for the Case

Phillip B. Shell, Murray, for Petitioner.

Sharon J. Eblen, Salt Lake City, for Respondents.

Thomas R. Lee, Provo, James R. Black, Eugene C. Miller Jr., Workers Compensation Fund of Utah, Salt Lake City, for Amicus Curiae.

Before GREENWOOD, Associate Presiding Judge, and BILLINGS and McHUGH, JJ.

OPINION

McHUGH, Judge:

¶ 1 Nathan H. Merrill petitions for review of the Utah Labor Commission's Order denying Merrill's Motion to Review concerning the constitutionality of Utah Code section 34A-2-413(5), see Utah Code Ann. § 34A-2-413(5) (2005). On appeal, Merrill argues that section 34A-2-413(5) violates the equal protection guarantees of both the Utah and federal constitutions. We affirm.

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