Day's Market, Inc. v. Muir

This case involves the apportionment of responsibility for an industrial injury award between the State Insurance Fund and the Second Injury Fund.

The facts giving rise to the award are not disputed. Calvin Muir was employed as a meat cutter at Day’s Market in Heber, Utah. In December, 1980, he was injured in the course of his employment when he slipped and fell while carrying a box of turkeys. He underwent an operation early in January, 1981, and was not released to return to work until May 2, 1981.

Muir has a history of back problems. In 1963, he suffered a ruptured disc while working for a…