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Flowell Elec. Ass’n, Inc. v. Rhodes Pump, LLC, 2015 UT 87 (September 25, 2015)

Sep 25, 2015

This case involves a public utility’s demand for indemnification from an employer under the High Voltage Overhead Lines Act (HVOLA) for all liability the public utility incurred when an employee came into contact with an overhead power line. The court held that a three-year statute of limitations applies to HVOLA indemnity claims, which begins to run when the public utility incurs liability as a result of the contact with the line. The Court also rejected the employer’s argument that the HVOLA indemnity claim was barred by the exclusive remedy provision of the Workers Compensation Act. The Court explained that an HVOLA indemnity claim does not implicate the WCA because it arises under a statutory obligation created by HVOLA, and is not brought on account of or based on the employee’s injuries.