Glen M. Barney & Sons, Inc. v. Industrial Commission

HALL, Justice:

Plaintiffs Barney and State Insurance Fund1 seek to vacate the order of the Industrial Commission which awarded workmen’s compensation to defendant, Robert L. Jensen.

Jensen had previously been employed as a truck driver by Barney, having terminated his employment in order to pursue an enterprise of his own. He subsequently sought re-employment with Barney, but was informed that Barney had no work available. He was consequently referred to one Chris Patton, doing business as Western Express, who hired him to haul coal from Salina, Utah, to Page, Arizona. The truck he drove was…