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DALE T. SMITH & SONS v. UTAH LABOR COM'N

No. 20070848.

218 P.3d 580 (2009)

2009 UT 19

DALE T. SMITH & SONS and Workers Compensation Fund, Petitioners, v. UTAH LABOR COMMISSION and Jeffrey D. Smith, Respondents.

Supreme Court of Utah.

April 7, 2009.

Attorney(s) appearing for the Case

Floyd W. Holm, Murray, for petitioners.

Alan L. Hennebold, Salt Lake City, for respondent, Utah Labor Commission.

Phillip B. Shell, Murray, for respondent, Smith.

On Certiorari to the Utah Court of Appeals

WILKINS, Justice:

¶ 1 We are asked, on certiorari, to determine whether the court of appeals correctly construed the term "compensation" in the context of Utah Code section 34A-3-110 of the Utah Occupational Disease Act. We disagree with the court of appeals' conclusion and reverse. We conclude that for the purpose of section 34A-3-110, "compensation" includes medical expenses.

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