Blake Stevens Construction v. Henion

HOWE, Justice:

Plaintiff seeks review of an Industrial Commission decision that for the purpose of determining dependent death benefits under the Utah Workers’ Compensation Act, U.C.A., 1953, §§ 35-1-1 to -101, the decedent’s “average weekly wage” included an out-of-town subsistence allowance.

Barry A. Blair resided in Salt Lake County, Utah, and worked for plaintiff Blake Stevens Construction in the Salt Lake valley area. In November 1981, his employer assigned him to work at a jobsite near Green River, Wyoming. Because this work was distant from Salt Lake County, he regularly traveled to…