McKay Dee Hospital v. Industrial Commission

MAUGHAN, Justice:

Plaintiff appeals from an order of the Industrial Commission awarding defendant-claimant Ted Clark Spackman, hereinafter Spackman, compensation for temporary total disability and concurrent medical expenses. We reverse. All statutory references are to Utah Code Ann.1953, as amended.

The basic facts in this case are not in dispute. Spackman was employed on a part-time basis in the dietary division of plaintiff, McKay Dee Hospital. On April 5, 1978, during a break in his normal duties, Spackman initiated a conversation with his superior concerning future leave time. As a result…