Brown & Root Industrial Service v. Industrial Commission of Utah

ON CERTIORARI TO THE UTAH COURT OF APPEALS

HOWE, Justice:

We granted certiorari to review a decision of the court of appeals that a 1988 amendment to Utah Code Ann. § 35-1-99 applies retroactively to bar David Wardrop’s claim for medical expenses and that he was not entitled to temporary total disability compensation for an injury which he sustained in 1992 but which arose out of an earlier covered injury. Brown & Root Indus. Serv. v. Industrial Comm’n, 905 P.2d 305 (Ct.App. 1995), cert. granted, 917 P.2d 556 (Utah 1996).

BACKGROUND

On April 23, 1987, while working for Brown & Root Industrial…