Intermountain Smelting Corp. v. Capitano

CROCKETT, Chief Justice:

Plaintiff Intermountain Smelting Corp. (and its insurer the State Insurance Fund) challenge the manner of apportionment of workmen’s compensation benefits paid to its employee Anthony Capitano as between plaintiffs, and the special fund set up by Sections 35-1-68 and 69, U.C.A., 1953, to pay for pre-existing disabilities.

On June 9, 1976, in the course of his duties in construction work, the applicant stepped on a loose board that gave way causing him to fall about 10 feet to the ground resulting in severe injury to his right ankle. As a result of that injury, the…