94-0254. JOHN OSTERBERG vs. KILHARA EXPRESSIONS INC. and UNINSURED EMPLOYERS' FUND Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0254. JOHN OSTERBERG vs. KILHARA EXPRESSIONS INC. and UNINSURED EMPLOYERS' FUND Defendants THE INDUSTRIAL COMMISSION OF UTAHJOHN OSTERBERG, Applicant, vs. KILHARA EXPRESSIONS, INC. and UNINSURED EMPLOYERS' FUND, Defendants.Case No. 94-0254ORDER DENYING MOTION FOR REVIEWThe Uninsured Employers' Fund ("UEF" hereafter) asks The Industrial Commission of Utah to review the Administrative Law Judge's Order in this matter. In particular, UEF argues that the Commission should find Country Collectibles, Inc. to be the employer of John Osterberg and should also find the Workers Compensation Fund of Utah ("WCF") liable for benefits payable to Mr. Osterberg pursuant to the Utah Workers' Compensation Act. The Industrial Commission of Utah exercises jurisdiction over this Motion For Review pursuant to Utah Code Ann. §63-46b-12, Utah Code Ann. §35-1-82.53, and Utah Admin. Code R568-1-4.M. ISSUES UEF raises two issues: 1) Was Country Collectibles, Inc. the employer of Mr. Osterberg at the time of his injury. 2) At the time of Mr. Osterberg's injury, was he covered by a policy of workers' compensation insurance issued by WCF. FINDINGS OF FACT The Commission adopts the findings of fact set forth in the ALJ's decision, summarized as follows: Prior to August 23, 1993, Country Collectibles, Inc. did business under the name of "Country Collectibles" at 331 Pierpont Avenue in Salt Lake City. On August 23, 1993, Kilhara Expressions, Inc. purchased the assets of Country Collectibles, Inc. Kilhara Expressions, Inc. then continued in the same business at the same location and under the assumed business name of "Country Collectibles". The foregoing transaction is reflected in recorded financing documents which show that Country Collectibles Inc. retained a purchase money security interest in the assets it transferred to Kilhara Expressions, Inc. Kilhara Expressions, Inc. then employed Mr. Osterberg as manager of its Country Collectibles business. On December 1, 1993, Mr. Osterberg suffered the accident at work which gives rise to this proceeding. On the date of Mr. Osterberg's accident, Kilhara Expressions, Inc. did not have any workers' compensation insurance. However, 10 days later, Kilhara Expressions, Inc. did obtain workers' compensation insurance coverage. On the date of the accident, Country Collectibles...