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MERRILL v. UTAH LABOR COM'N

No. 20070584.

223 P.3d 1089 (2009)

2009 UT 26

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

Supreme Court of Utah.

April 24, 2009.

Attorney(s) appearing for the Case

Phillip B. Shell, Salt Lake City, for petitioner.

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

Alan Hennebold, Salt Lake City, for Labor Commission.

James R. Black, Thomas R. Lee, Eugene C. Miller, Salt Lake City, amicus Workers Compensation Fund.

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 We granted certiorari to consider whether Utah Code section 34A-2-413(5) violates the Equal Protection Clauses of the Utah and United States Constitutions by discriminating on the basis of age. Section 34A-2-413(5) provides an offset reducing the amount of benefits for individuals receiving both workers' compensation benefits and social security retirement benefits. Specifically, when an individual qualifies for...

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