Smith v. Industrial Commission

Utah Supreme Court

Smith v. Industrial Commission

549 P.2d 448, 1976 Utah LEXIS 819

CourtUtah Supreme Court

DecidedApril 28, 1976

Docket14275

StatusPublished

Cited by3 cases

This text of 549 P.2d 448 (Smith v. Industrial Commission) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Industrial Commission, 549 P.2d 448, 1976 Utah LEXIS 819 (Utah 1976).

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Opinion

HENRIOD, Chief Justice:

Review of the adequacy of a Commission award. Affirmed with no costs.

This was a very protracted case, where an award was made on June 13, 1975, seven years after the injury of the applicant’s husband, in the course of his employment, on May 7, 1968, when he fell from a ladder, injured his head against a pipe and died on May 25, 1972.

The petitioner urges one point on review: That the Commission did not award her, a wholly dependent widow, sufficient entitlement under Section 35 — 1— 68, Utah Code Annotated 1953. The benefits were definable as to maximum time for payment and amount, were governed by the wording of the section on date of injury, 1 and it appears the award fully complied with or exceeded such provisions. (Laws Utah 1967, Ch. 65, Sec. 1.) Any additional benefits would not be awardable by amendment thereafter, and subsection 4, paragraphs 5 and 6 so amended in 1973 2 that did enlarge such benefits would have no application here.

Petitioner did not join in defendants’ petition for review, was not par-ticeps thereto, and anyway, the issue raised by them are not those raised by her here. Besides, she did not ask for a review within 15 days after the award, as' interdicted by Title 35-1-82.55, all of which has precluded her from asserting any claim further.

ELLETT, CROCKETT, TUCKETT and MAUGHAN, JJ., concur.

1

. Utah Road Comm. v. Industrial Comm., 109 Utah 553, 168 P.2d 319 (1946).

2

. Laws of Utah, 1973, Ch. 67, See. 5.

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HENRIOD, Chief Justice:

Review of the adequacy of a Commission award. Affirmed with no costs.

This was a very protracted case, where an award was made on June 13, 1975, seven years after the injury of the applicant’s husband, in the course of his employment, on May 7, 1968, when he fell from a ladder, injured his head against a pipe and died on May 25, 1972.

The petitioner urges one point on review: That the Commission did not award her, a wholly dependent widow, sufficient entitlement under Section 35 — 1— 68, Utah Code Annotated 1953. The benefits were definable as to maximum time for payment and amount, were governed by the wording of the section on date of injury, 1 and it appears the award fully complied with or exceeded such provisions. (Laws Utah 1967, Ch. 65, Sec. 1.) Any additional benefits would not be awardable by amendment thereafter, and subsection 4, paragraphs 5 and 6 so amended in 1973 2 that did enlarge such benefits would have no application here.

Petitioner did not join in defendants’ petition for review, was not par-ticeps thereto, and anyway, the issue raised by them are not those raised by her here. Besides, she did not ask for a review within 15 days after the award, as' interdicted by Title 35-1-82.55, all of which has precluded her from asserting any claim further.

ELLETT, CROCKETT, TUCKETT and MAUGHAN, JJ., concur.

1

. Utah Road Comm. v. Industrial Comm., 109 Utah 553, 168 P.2d 319 (1946).

2

. Laws of Utah, 1973, Ch. 67, See. 5.

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549 P.2d 448, 1976 Utah LEXIS 819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-industrial-commission-utah-1976.

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