Bailey v. Utah State Industrial Commission

CALLISTER, Justice.

Appeal from an order of the Industrial Commission denying an award for the death of Frank Dee Bailey. The Commission found that the deceased was not in the course of his employment at the time of the fatal accident.

Prior to his death, the deceased owned and operated a service station in Lehi, Utah, and was insured under the Workmen’s Compensation Act as a sole proprietor. 1 He thus had the dual status, for purposes of the Act, of employer and employee.

The evidence disclosed that Bailey usually left his home at about 5-5:30 a. m. and drove, in his station wagon, to the…