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MERRILL v. UTAH LABOR COM'N

No. 20070584.

223 P.3d 1099 (2009)

2009 UT 74

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.

December 4, 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, for amicus Workers Compensation Fund.

On Petition for Rehearing*

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 Respondent, Wausau Business Insurance, petitioned for rehearing regarding the retroactive application of our ruling in Merrill v. Utah Labor Commission, 2009 UT 26, 223 P.3d 1089. In Merrill, we held that the offset of Utah Code section 34A-2-413(5) was a constitutional violation. Id. ¶...

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