(Download) "Carol Star v. Industrial Commission Utah" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Carol Star v. Industrial Commission Utah
- Author : Supreme Court Of Utah
- Release Date : January 17, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
MAUGHAN, Justice: Plaintiff challenges the statutory Disposition of death benefits payable under the Workmen's Compensation
Act in the case where the employee dies without dependents. 1 Plaintiff was the mother of Ronald Dean Broderick, who was
killed when the truck he was operating was involved in a motor vehicle collision. This accident occurred during the course
of decedent's employment with the Pepsi Cola Bottling Company. Decedent's medical expenses were paid, and the statutory burial
payment was made. The sum of $15,600 was paid into the state treasury in accordance with Section 35-1-68(1). Plaintiff made
an application for the death benefits payable pursuant to the Workmen's Compensation Act. Upon hearing before an administrative
law Judge, her application was denied on the ground that applicant had failed to establish she was wholly or partially dependent
upon her deceased son. This order was affirmed by the Industrial Commission. The order of the Industrial Commission is affirmed.
All statutory references are to Utah Code Annotated 1953, as amended. On appeal, plaintiff characterizes the death benefits paid under the Workmen's Compensation Act as funds resulting from the
wrongful death of an individual, and she claims it constitutes an unjust enrichment to pay such benefits to the special fund
of the State of Utah rather than to the estate or family of decedent. She contends the statutory Disposition of death benefits
to the special fund deprives decedent's survivors of their constitutional right to seek redress for his wrongful death as
guaranteed in Article XVI, Section 5, Constitution of Utah.