Drake v. Industrial Commission of Utah

On Certiorari to the Utah Court of Appeals

DURHAM, Justice:

We granted certiorari in this ease to review the Utah Court of Appeals’ decision in Drake v. Industrial Commission, 904 P.2d 203 (Ct.App.1995), cert. granted, 913 P.2d 749 (Utah 1996), reversing the Industrial Commission and granting workers’ compensation benefits to Barbara Drake for injuries she sustained in an automobile accident. Petitioners Industrial Commission of Utah, FHP of Utah, and Transamerica Insurance Company (collectively referred to as FHP) contend that the court of appeals applied the wrong standard when it reviewed…