Velarde v. Board of Review of the Industrial Commission

JACKSON, Judge:

Petitioner, Sadie Velarde, appeals the action of the Industrial Commission (the Commission) dismissing her claim for death benefits under the Utah Occupational Disease Act (the Act), 1 on the basis that the statute under which her claim was denied is an unconstitutional statute of repose. We reverse and remand.

FACTS 2

On March 24, 1982, after almost nine years as an employee of respondent, Ken-necott Copper Corporation (Kennecott), petitioner’s husband, Nicanor Velarde took medical retirement. 3 The cause of Mr. Ve-larde’s retirement was rheumatoid arthritis. However, at…