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PETERSEN v. UTAH LABOR COM'N

No. 20150203.

416 P.3d 583 (2017)

2017 UT 87

Steven G. PETERSEN, Petitioner, v. UTAH LABOR COMMISSION and Granite School District, Respondents.

Supreme Court of Utah.

Filed December 1, 2017.

Attorney(s) appearing for the Case

Halston T. Davis , Jared L. Mortenson , Salt Lake City, for petitioner.

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

Bret A. Gardner , Kristy L. Bertelsen , Salt Lake City, for respondent Granite School District.

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

Stanford E. Purser , Salt Lake City, for amicus State of Utah.

Justice Pearce filed an opinion concurring in the result.

Introduction

¶ 1 This case presents the question of whether Utah Code section 35-1-65 (1982) operates as an unconstitutional statute of repose under the Open Courts Clause of the Utah Constitution. The statute provides that an injured worker who is temporarily totally disabled "shall receive" a specified amount...

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