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Show NUfJlQERK Iv PAGE THREE RECORD THE DAILY MONDAY, MARCH 5, 1973 Financing Statements Small Claims Court 30238 - Nllsen vs Ann 30241 damages 30239 - John B. DeLamare vs Pltf$150.00 bal due on contract - KAUFAM; 30242 AND - Mark Molen CHATTERTON; bal due Connie Calvert vs MILTON KAUPAM dba S0R WATER; Pltf$200.00 services ROGER BROWN; 30240 W.Mohr Evelyn Courtesy Answering Service vs DAVID J. OLSEN DBA RAIN PAUL Pltf$84.00; auto KELLER; - CARMA 30243 Pltf$82.08 - vs pltf$200.00; bal due 30245 - Anna Dee Tolboe Kenneth P. Wolf vs Pltf $122.30; wages due vs Pltf$50. FLORENCE VALENTINE; cleaning deposit 30246 - Raymond J. auto damages 30247 - Horton Pltf$79 Gary Horne dba Gary's Repair vs CHARLES Suits District Court Company of Maryland vs WILLIS D. ALLRED, KATHLEEN ALL-- 1 RED, AND DEE'S FORD TRACTOR, Pltf$1,337.90 bal L. M. Cummings, Clerk - Credit Bureau of Lake City vs CLIFTON N. 210626 Salt Pltf$2,796.00 bal WILLIAMS; - Edo Western Corp. 210627 HACIENDA CHEMICAL TOLIET INC.; . Pltf$1,698.12 bal her. The deceased was killed in an automobile accident while returning home from work. The hearing examiner ruled that he was in the course of his employment, but the Commission by a divided vote reversed the hearing examiner and held that no compensation was payable for the reason that the decedent was hot in the course of his employment at the time of the accident which resulted in his death. - Gregory A. Pas sic and Chris le S Passlc vs RESEARCH HOMES, AMERICAN SAVINGS This contention is not sound. The employer had no control over the deceased as to where he lived or how he got to work. If the deceased elected not to return home, it was his own business. The only interest the employer had was to see that the deceased was paid only for the number of hours he worked on the job. ' 1. 99 C.J.S. Workmen's Compensation $ 236; Postal Telegraph Cable Co. v. Industrial Accident Comm. , 37 P. 2d 441 (Cal. 1934); Covey-BallaMotor Co. v. Industrial Comm. , 64 Utah 1, 227 P. 1028 (1924); Wilson v. Industrial Comm. , 116 Utah 46, 207 P. 2d 1116 (1949); Wilkinson v. Industrial Comm. . 23 Utah 2d 428, 464 P. 2d 589 (1970). DON W. TYLER AND KATHY TYLER; Pltf$1,008.96 bal Commission's order rejecting her claim for compensation. There, plaintiff's husband met his death in an automobile-trai- n collision while on his way to a meeting scheduled at his employer's office. In affirming the ruling of the Industrial Commission this court said: require that a compensable accident be at any particular place and that Workmen's Compensation coverage has been approved in certain cases even though the employee had not arrived at the place of employment. Plaintiff places reliance on cases of that character, Bailey, and Moser v. Industrial Commission. She ed ment." Pltf$1(050.00 - Isabell Salasar vs 210631 E. WILLIAM 24 Utah 2d l4, 465 P.2d 175 (1970). Pltf JACKSON; per month child support due - 210632 vy THERESSA CARROLL AND JERRY matter is 029 - Stanley & Annette West, 7288 S. 2870 E. SLC to Pac. Fin; furn 031 - Luella Clllns, 3144 S. 4300 W. SLC to Capitol Ln Co; Insurance 032 - Robert W. Knowlton, .1989 S. 16yh E. SLC to Com Cr. Plan; ifurn - Kenneth R. & Linda S. Turner, 3893 S. 3060 W. Grngr to Murray 1st Thrift Ln; 034 cons goods 035 - Keith Murray goods & Kay Livingston, SLC to Ave. 1st Thrift Ln; cons NOW! - tag no VS FRANK ROBINSON ; $1,500.00 bal due Non-stoMid-summ- Products Egg Charters Salt Lake City to Europe Pltf$3, 000.00 bal due 210633 C as West Wayne JAY GEISLER; p er Company Pltf departures - Calron Electric Co. vs OLIVER J. NOWELL, SPENCER 210634 N. TAYLOR, AND HOME ELECTRIC, OLIVER J. SPENCER N. TAYLOR; a partnership of AND NOWELL Pltf$2,180.68 bal. due - John McGowan & Associates, Inc. vs STEVE 210635 dba INC.; BECKNEIL INDUSTRIES Pltf$5, 371.41, $525.75 bal due Round Trip Plus these charter firsts Jet Service Operated by TIA DC-1- 0 Judgments Stereo District Court Wide Body Comfort Smoking & Non-smoki- - Coulter Steel 210001 & vs Forge MCGEE & HOGAN MACHINE WORKS; Pltf$8,715.34 bal due 227 47746 - Doug McAfee dba Doug McAfee Realty vs CLINT RUPP; Pltf$648.28 bal due 227 The Industrial Commission of Utah vs R. CASE; 227 AIMA Pltf$68.00 bal due SHER0LYN BEARD; Pltf$40.59 bal due garnishee judgment 227 - Rederal National Mortgage Association vs 209843 ROSE EGAN; bal due 208194 vs More Arm & Leg Room Salt Lake's First DC-- 1 0 Charter Deluxe Meals This fare subject to possible increase of no more than 20 percent ($334.80) based on total number of seats sold and includes $51 service charge. (Regulations require the charter to be canceled if the pro rata charter prices increases by more than 20 percent over the minimum.) Reservations must be received no later than 95 days prior to departure. Exclusive agent for United Charters, Inc. Adventure Travel, Inc. 95-6- 40 vs ng Sections Company - - Movies In-fli- Pltf$14,302.07 227 - Ward JAMES CORBETT We think that the ruling of the Industrial Commission in this correct, and it is affirmed. No costs are awarded. of Ut; machinry - Deseret Federal Savings and Loan Association 96-4- 49 contends that they are extensions of or "exceptions" to the rule: That traveling to and from work is not of the part employment and is not covered by Workmen's Compensation. Neither in the cases referred to, nor in any other of which we are aware, has this court expressed an intention to depart from that rule. An examination of those cases will reveal that referring to them as "exceptions" to the rule stated is not strictly accurate. They are simply specific applications of the statute to particular fact situations. Notwithstanding what has been said in those cases, it is fundamental that even though the employee may not be at a regular place of work, he must be performing a. duty for his employer, or one which is so connected with his employment as to be an essential part thereof, so that the mandate of the statute is met that there must be an "accident arising out of or in the course of employ- Bk due 40223 - Bonded Adjustment Bureau vs LYLE T. BUTTARS and PAULINE BUTTARS; Pltf 227 $169.42 bal due It is true that the statute does not 026 - Richard Barrett McDowell, 2161 Regent St. SLC to 1st Sec. 210630 $70 913 AETNA; - Continental Thrift rd The law in Utah was clearly stated in the case ofLundberg v. Cream O'Weber, 2 wherein plaintiff sought to have this court reverse the Industrial & LOAN Association vs vs Player, G. 1776 Champagne 210629 Loan PAPPAS Ordinarily an employee is deemed not to be within tke course of his employment if he furnishes his own transportation and is injured while going to or from the premises where he is employed. I AND & bal due The plaintiff contends that her husband was paid for travel time, and that he was in the course of his employment from the time he left home until hq returned from work. INC. Pltf$406.66 bal ASSOCIATION; LYN CARROLL; The facts are not in dispute. The deceased was a bricklayer and belonged to a union which had an agreement. with his employer, A. E. Anderson, Inc. , whereby he would be paid $6. 37 base pay for each hour worked. The agreement further provided that the hourly rate of pay would be increased by $1. 75 when the job was more than 60 miles from the location of the labor temple of the local union to which the deceased belonged. The job site where deceased worked was more than 60 miles from the labor temple, and so the hourly rate of pay for the decedent was $8. 12. There was no requirement that the deceased live at any particular place, and his rate of pay would have been the same had he lived at the job site or at any other location. 2. due 210628 This matter is before us to review an order of the Industrial Commis- sion denying any award to the plaintiff because of the death of her husband. She claims that he lost his life while in the course of his employment and that the Commission acted arbitrarily and capriciously in denying compensation to well-establish- due Pltf$1,295.00 bal DONALDSON; vs ELLETT, Justice: due 210625 26, 1973 - Udell 020 hhg KING AND SCOTT - Fidelity and Deposit 210624 Marilyn Shields to Interlake Emerald Dr. Sandy to - Edwin Sequaptva Pltf$281.13 bal S. 8th & W. SLC 019 - Fred W. Cutler, 6686 S. 160 E. Mdvle to American Natl Bk; camper of carpet WILLIAM Danny D. Thrift; furn - Ron Bailey School of Broadcast vs DANIEL F. No. 13149 FILED Industrial Commission of Utah, and A. E. Anderson, Inc. , and The Travelers Insurance Company, Defendants. 1133 Cutler T. vs TERRY ERCANBRACK; Pltf $200.00; misrepresentation 210623 - 013 - Richard 30249 INC.; February Pltf CHEVROLET; $200.00; damages KING; Eleanor W. Barney, widow of Carl W. Barney, deceased, ' Plaintiff, - Randall V. & Rtyn Ann W. Grngr Harvard, 2859 S. 2620 furn to Inter lake Thrift; 356 012 30248 - John Holmes vs vs In The Supreme Court Of The State Of Utah Pltf$62.28 JACKSON; bal STREATOR vs STELLA JENTSCH; 3 KINGS CONSTRUCTION; auto damage TIM B. 30244 - Zlnlks Sporting Goods vs J. D. WATERS; Pltf$76.08 & Son Inc. CORBETT, dba RESEARCH & DEVELOPMENT C. Pltf$1,194.71 bal due 226 210017 - Epcon Company, a division of Dart Industries vs MUSIC ARTS, INC. ; Pltf 227 $2163.93 bal due MURDOCK TRAVEL 14 S. Main SI. SaH Lake City, Utah 84101 (801) 521-78- 50 Please send me your Charter Brochure. |