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[DOWNLOAD] "Olsen V. Samuel Mcintyre Inv. Co." by Supreme Court Of Utah * Book PDF Kindle ePub Free

Olsen V. Samuel Mcintyre Inv. Co.

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eBook details

  • Title: Olsen V. Samuel Mcintyre Inv. Co.
  • Author : Supreme Court Of Utah
  • Release Date : January 03, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

Defendants Samuel McIntyre Investment Company, the Utah Workers' Compensation Fund of Utah, and the Industrial Commission of Utah (collectively, "McIntyre Investment Co.") sought review of the court of appeals' decision granting workers' compensation death benefits to plaintiff Judean Olsen, the widow of Gregory Olsen. The court of appeals held that Mr. Olsen was a statutory employee at the time of his death because Samuel McIntyre Investment Company, of which he was president, had not given written notice of its election to exclude him from workers' compensation coverage to both its insurance carrier, the Utah Workers' Compensation Fund, and the Industrial Commission, as required by section 35-1-43(3)(b) of the Utah Code. Instead, McIntyre had given notice only to its insurance carrier. The court of appeals rejected retroactive application or amendment to section 35-1-43; the statute now allows a corporation to exclude a director or an officer from coverage by giving written notice only to its insurance carrier. *fn1 On review, McIntyre challenges the court of appeals' legal conclusions. We affirm.


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