Gardner v. Industrial Commission, 13288
| Decision Date | 28 December 1973 |
| Docket Number | No. 13288,13288 |
| Parties | d 377 W. W. and W. B. GARDNER and State Insurance Fund, Plaintiffs, v. The INDUSTRIAL COMMISSION of Utah and Carl K. Camden, Defendants. |
| Court | Utah Supreme Court |
Robert D. Moore, of Rawlings, Roberts & Black, Salt Lake City, for plaintiffs.
Vernon B. Romney, Atty. Gen., Robert J. Shaughnessy, Salt Lake City, for defendants.
Petition for a review of an order of the Commission awarding applicant Camden workmen's compensation for alleged injury while employed, that occurred on July 30, 1968. Reversed.
The applicant saw a doctor the day he was injured and again on August 3 and 9, 1968, receiving treatment diagnosed as 'contusions,' causing him to lose one and one-half days' work. The State Insurance Fund made payment for the loss, x-rays, etc., the last payment being made on October 25, 1968. He saw the doctor again on July 18, 1971, who sent him to another doctor, and on February 18, 1972, sent a note advising as to this event. The second doctor had on January 19, 1972, diagnosed the injury as 'delayed ulna nerve palsy' which would result in a month's unemployment. No notice of those events was given either to the Industrial Commission or the State Fund prior to the first doctor's note of February 18, 1972. On March 3, 1972, Camden filed an application for hearing with the Commission, asking for further compensation, some three years and seven months after the accident, and some three years and four months after the last compensation was paid. On these facts the Commission made a compensation award.
The controlling statute in this case is Title 35--1--99, Utah Code Annotated 1953, as amended, which clearly says that:
. . . If no claim for compensation is filed with the Industrial Commission within three years from the date of the accident or the date of the last payment of compensation, the right to compensation shall be wholly barred. (Emphasis added.)
The petitioners here simply urge that under the facts of this case, the applicant did not file his claim within the statutory time, either from the date of accident or the date of last compensation standpoint since three years passed in either case, before application was filed, and thus has no basis for receiving the requested compensation,--with which we agree. We agreed in a similar case in our recent case of United States Smelting v. Nielsen, 1 which collates and discusses most of the cases cited in the briefs of counsel here. We refer to that case and its reasoning and conclusions, with others cited therein, as being dispositive here.
The main thrust of defendants' argument is that the statute mentioned above starts to run...
To continue reading
Request your trial
-
Avis v. Board of Review of Indus. Com'n, 910574-CA
...the accident occurs." Jackson v. Layton City, 743 P.2d 1196, 1199 (Utah 1987) (Howe, J., concurring); see also, Gardner v. Industrial Comm'n, 517 P.2d 1329, 1330 (Utah 1973) (applicant did not file compensation claim within either three years from date of accident or date of last compensati......
-
Dean Evans Chrysler Plymouth v. Morse
...Utah, 658 P.2d 601, 608 (1983). In support of their contention that Morse's claim is barred, plaintiffs cite Gardner v. Industrial Commission, 30 Utah 2d 377, 517 P.2d 1329 (1973), Peterson v. Industrial Commission, 29 Utah 2d 446, 511 P.2d 721 (1973), and Jones v. Industrial Commission, 17......