Merrill v. Utah Labor Commission

On Petition for Rehearing *

DURHAM, Chief Justice:

INTRODUCTION

T1 Respondent, Wausau Business Insurance, petitioned for rehearing regarding the retroactive application of our ruling in Merrill v. Utah Labor Commission, 2009 UT 26, 223 P.3d 1089. In Merrill, we held that the offset of Utah Code section 34A-2-418(5) was a constitutional violation. Id. T1. Respondent contends that we should, in our equitable discretion, limit the retroactive operation of our ruling.

BACKGROUND

12 Because a complete recitation of the facts is found in Merrill v. Utah Labor Commission, we list only those facts…