WAITE v. UTAH LABOR COM'N

No. 20150384.

416 P.3d 635 (2017)

2017 UT 86

James WAITE and Luis A. Ortega, Petitioners, v. UTAH LABOR COMMISSION, Farr Better Premium Ice Cream, Sandy City, and Workers Compensation Fund, Respondents.

Supreme Court of Utah.

Rehearing Denied January 25, 2018.


Attorney(s) appearing for the Case

Phillip B. Shell , Nathan Whittaker , Murray, for petitioners.

Jaceson R. Maughan , Salt Lake City, for respondent Utah Labor Commission.

Hans M. Scheffler , Eugene C. Miller, Jr. , Michael D. Karras , Sandy, for respondents Farr Better Premium Ice Cream, Sandy City, and Workers Compensation Fund.

Sean D. Reyes , Att'y Gen., Tyler R. Green , Solic. Gen., Stanford E. Purser , Deputy Solic. Gen., Brent A. Burnett , Asst. Att'y Gen., Salt Lake City, for amicus State of Utah.

Troy L. Booher , Beth E. Kennedy , Salt Lake City, for amicus Utah State Board of Regents.

Colin P. King , Charles H. Thronson , Paul M. Simmons , Salt Lake City, for amicus Utah Association for Justice.

Chief Justice Durrant authored the opinion of the Court, in which Justice Durham and Justice Himonas joined.


Introduction

¶ 1 Here we address the constitutionality of Utah Code section 34A-2-417(2)(a)(ii), a provision of the Workers' Compensation Act (WCA) that limits the time an injured worker has to prove a claim. The section provides that an employee claiming compensation for a workplace injury must be "able to...

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