Legal Opinion · Dissent

Pacific States Cast Iron Pipe Co. v. Industrial Commission

Utah Supreme Court

Decided May 16, 1950No. 7289Published

1DissentWade, Justice

I cannot agree that the provisions of Sec. 42 — la—13 (b) (3), U. C. A. 1943, bars the making of an award to the widow and dependents of the deceased employee under the facts of this case.

LeRoy D. Horrocks, the decedent employee, had on March 6, 1946, during his lifetime, filed with the commission a claim for total disability resulting from silicosis. The prevailing opinion states that under the facts presented to the commission it could well have made an award to the claimant for such disability, but because it failed to do so within the lifetime of the claimant the commission is now barred…

2Cases cited8 opinions

  1. Masich v. United States Smelting, Refining & Mining Co.Utah Supreme Court · 1948
  2. Union Portland Cement Co. v. State Tax CommissionUtah Supreme Court · 1947
  3. Heiselt Const. Co. v. Industrial CommissionUtah Supreme Court · 1921
  4. Geneva Steel Co. v. State Tax CommissionUtah Supreme Court · 1949
  5. Spangler v. CorlessUtah Supreme Court · 1922

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