Legal Opinion
Petersen v. Utah Labor Comm'n
Utah Supreme Court
Decided December 1, 2017No. Case No. 20150203PublishedCited by 15 opinions
1Opinion of the Court
Associate Chief Justice Lee filed an opinion concurring in the result.
Justice Pearce filed an opinion concurring in the result.
Chief Justice Durrant
Introduction
¶ 1 This case presents the question of whether Utah Code section 35-1-65 (1982) operates as an unconstitutional statute of repose under the Open Courts Clause of the Utah Constitution. The statute provides that an injured worker who is temporarily totally disabled "shall receive" a specified amount of compensation per week, but that "[i]n no case shall compensation benefits exceed 312 weeks ... over a period of eight years from the…
2Cases cited26 opinions
- Berry by and Through Berry v. Beech AircraftUtah Supreme Court · 1985
- Judd v. DrezgaUtah Supreme Court · 2004
- Brown & Root Industrial Service v. Industrial Commission of UtahUtah Supreme Court · 1997
- Masich v. United States Smelting, Refining & Mining Co.Utah Supreme Court · 1948
- Day v. State Ex Rel. Utah Department of Public SafetyUtah Supreme Court · 1999
21 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Waite v. Utah Labor Comm'nUtah Supreme Court · 2017
- Patterson v. StateUtah Supreme Court · 2021
- Foye v. Labor CommissionCourt of Appeals of Utah · 2018
- O Connor v. Labor CommissionCourt of Appeals of Utah · 2020
- Macfarlane v. CSROCourt of Appeals of Utah · 2019
10 more not listed; retrieve them via the Exa API.