Olsen v. Samuel McIntyre Investment Co.

ZIMMERMAN, Justice:

Defendants Samuel McIntyre Investment Company, the Utah Workers’ Compensation Fund of Utah, and the Industrial Commission of Utah (collectively, “McIntyre Investment Co.”) sought review of the court of appeals’ decision granting workers’ compensation death benefits to plaintiff Judean Olsen, the widow of Gregory Olsen. The court of appeals held that Mr. Olsen was a statutory employee at the time of his death because Samuel McIntyre Investment Company, of which he was president, had not given written notice of its election to exclude him from workers’ compensation coverage…