Fredrickson v. Industrial Commission of Utah

429 P.2d 981 | Utah | 1967

HENRIOD, Justice:

Review of the Commission’s denial of an award. Affirmed.

Petitioner was injured while working at a motel in 1959. She was paid compensation by the State Insurance Fund for a temporary period. The last compensation was paid in the same year. In 1965, about six years later, she filed a claim with the Commission for the first time, which was long after the -three-year .limitations statute.¹ Counsel for applicant cited only Salt Lake City v. Industrial Commission ² as a basis for compensation and continuing jurisdiction of the Commission. That case was reversed by McKee v. Industrial Commission,³ for the reasons therein enumerated, followed by Jones v. Industrial Commission,⁴ and the recent case of United States Smelting v. Nielsen,⁵ all of which are controlling here.

CROCKETT, C. J., and CALLISTER, TUCKETT, and ELLETT, JJ., concur.

1 . Title 35-1-99, Utah Code Annotated 1953.

2 . 93 Utah 510, 74 P.2d 657 (1937).

3 . 115 Utah 550. 206 P.2d 715 (1949).

4 . 17 Utah 2d 28, 404 P.2d 27 (1965).

5 . 19 Utah 2d 239, 430 P.2d 162, this Court.