Kincheloe v. Coca-Cola Bottling Co. of Ogden

HALL, Chief Justice:

This is an action to review an order of the Industrial Commission affirming a decision of an administrative law judge which held that U.C.A., 1953, § 35-1-69 (dealing with the “special fund” or the “second injury fund”) was inapplicable to the facts presented.

On February 12,1980, plaintiff Kincheloe was allegedly injured while lifting a case of soda pop at his place of employment. The injury caused plaintiff significant pain in his left hip and leg. He was diagnosed as having a herniated disc, which was surgically removed on February 20, 1980.

At the hearing before the law…