Atkin & Associates, experienced injury attorneys Atkin & Associates, Utah injury attorneys
Sports Mall Plaza II
5525 South 900 East - Suite 300
Salt Lake City, Utah 84117
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Atkin & Associates: Attorneys at Law
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Gary E. Atkin, Esq.
Gary E. Atkin is a graduate of the University of Utah, Bachelor of Science in accounting in 1967, Juris Doctorate in law, 1970. He was in the first group of law students tapped for membership by the law school in the honorary Bar and Gavel Society. He is a past president of the Utah Trial Lawyers Association (1982 - 1983), which is now known as the Utah Association for Justice. He is a member of the Utah Bar and admitted to practice before all Utah appellate Courts, the Federal District Court, the 10th Circuit Court of Appeals and the United States Supreme Court. He has served on numerous Utah Bar and Trial Lawyers committees in various capacities and has given numerous presentations on third-party recoveries and other issues related to securing adequate compensation for injured workers. Most recently he authored Appeals 101, a detailed brochure on how to file appeals in workers compensation cases which was produced in conjunction with a speech to the members of the workers compensation division of the Utah Association of Justice. He spent several years working with the Utah Legislative General Counsel, representing the Utah legislature in their legal matters. He was also associated with several firms before forming Atkin & Associates in 1980 and is presently active as the senior partner in that firm. He has been actively involved in workers compensation cases and third party actions for over forty years, although his work has not been limited to just those activities. He has represented a number of large corporate clients in a variety of legal actions and currently serves as corporate counsel for several large Utah corporations. Continental Account Servicing House, First Wyoming Bank, USLIFE, All American Life Assurance, Utah Association of Counties, Utah Restaurant Association, Mullboon's Restaurants, the Peppercorn Restaurant,, the Skybar, SanSegal Sportswear, Cutters Inc., Jarray Sportswear, Green Brand sportswear, Iggy's Sports Grills, Cantina Southwest Grills, IPAK Hospitality Group, IPAK Entertainment Group, and HIP Enterprises. He has successfully argued numerous appellate cases over the years which have had significant impacts on Utah law. He successfully represented the President and officers of the Utah Senate in Dean v. Rampton, 558 P. 2d 169 (Utah Supreme Court, 1975), resulting in the rule that the failure of the legislative officers to sign certain bills passed during the session within the statutory time frame did not render those bills invalid so long as the journals of each house reflected they had been properly passed. He again successfully argued on their behalf in Jensen v. Matheson, 583 P. 2d 77 (Utah Supreme Court, 1978), which declared that only the journals of the respective houses of the legislature could be considered in determining whether bills had been passed in compliance with the constitution and applicable Rules, and that no other evidence could be used to overcome what was reflected in those Journals. He also successfully argued Utah Restaurant Association v. Davis County Board of Health, 709 P. 2d 1159 (Utah Supreme Court, 1985) on behalf of the Utah Restaurant Association, resulting in a declaration that the Food Service Inspection Fee imposed by Davis County was invalid. He is particularly proud of his successful efforts on behalf of injured workers which have resulted in numerous appellate decisions significantly impacting benefits for injured workers.

His successful efforts on behalf of injured workers before the Utah appellate courts have included numerous reported cases involving significant effects upon Utah workers compensation laws and ensured injured workers' benefits. Mr. Atkin's successful arguments before the Utah Supreme Court or Court of Appeals began with Kennecott Copper Corp. v. Anderson, 514 P. 217 (Utah Supreme Court, 1973) , which determined that, at least where an employer had reason to know that there would be ongoing future medical expenses associated with a disability award, the employee was entitled to continuing medical care coverage for the rest of his life, despite the statute of limitations on further disability payments. In AE Clevite v. Labor Comm'n, 996 P. 2d 1072 (Utah Appellate, 2000), he successfully argued the seminal case in Utah on at home employees, convincing the Court to uphold the award of benefits to a traveling salesman who was rendered quadriplegic in a fall while salting his driveway because he was expecting a package to be delivered by the mailman which he needed for his next trip. In Aqua Message v. Labor Commission, 2005 UT Ap. 143 (Utah Appellate, 2005), he again successfully argued another seminal case regarding the "going and coming" rule in Utah. That rule generally directs that employees are not entitled to benefits while they are going to or coming from work. In that case, the employee had been injured while driving from his house to his work at Fashion Place Mall. However, because he had logged into the computer at his house and done some work before he started toward the Mall, the Court agreed that he had started his work at home and was continuing in that work as he then drove toward the Mall. In Salt Lake City v. Labor Comm'n, 153 P. 3d 179 (Utah, 2007), he again successfully argued another seminal case on the "going and coming" rule in Utah. In that case, the employee had been injured in an automobile collision while driving her police car from a meeting in Salt Lake City toward her home in Tooele. The Court agreed with the Commission that the officer was entitled to disability benefits because the policy of the City allowing officers to drive their police cars to and from home provided sufficient benefit to the City to find that she was acting in the course and scope of her employment for purposes of workers' compensation benefits, even though it was also a benefit to the officer. Because the officer had collided with another vehicle, there had previously been a determination, which had gone to the Supreme Court, in which the Supreme Court declared that the officer was not "acting within the course and scope of her employment" so as to make the City liable for her negligence. The defendants in the worker's compensation case had therefore argued that finding was binding on the Commission and it could not thereafter find that she was "acting within the course and scope of her employment" for purposes of worker's compensation benefits. The appellate court agreed that the determination in the personal injury case was not applicable to the worker's compensation case because differing standards applied to the two cases. The Court therefore affirmed the Commission's award of workers compensation benefits to the officer. In Salt Lake County v. Labor Comm'n, 208 P. 3d 1087 (Utah App., 2009), he again successfully argued a seminal case on the issue of the statutory 15% reduction in benefits for violating safety orders. The Court agreed with the arguments of Mr. Atkin that the imposition of that penalty required more than just negligence or faulty judgment of an employee. The Court acknowledged that he may have violated significant lifting restrictions imposed by the treating doctor when he jostled around a replacement pump in a pool which weighed several hundred pounds, actions he should not have been attempting. However, the Court agreed with Mr. Atkin's arguments that such actions were merely negligent and did not meet rise to the level of a willful failure to comply so as to warrant the reduction in benefits. Other successfully argued appellate cases have included McCoy v. Utah Disaster Kleenup, 65 P. 3d 643 (Utah App., 2003); Zenith Insurance v. Labor Comm'n, 238 P. 3d 1081 (Utah App., 2008); Timpanogos Hospital v. Labor Comm'n, 251 P. 3d 855 (Utah App., 2011); A & B Mechanical Contractors v. Labor Comm'n, 2013 UT App. 230 (Utah App., 2013

He has also been successful over the years in securing significant recoveries by way of settlement or trial on behalf of injured workers in actions brought against third parties (persons or entities other than the employer) who were responsible for their injuries at work. These have included substantial recoveries for: a young man rendered quadriplegic when he fell from a rock grinder which had no protected work station; a fork lift driver whose leg was crushed and amputated when the defective fork lift overturned; a garbage truck worker whose leg was crushed and amputated when he slipped into the interior of an overhead loading garbage truck; a gas line worker who was rendered permanently totally disabled when a gas line was charged without his knowledge, causing a bolt to blast into his head as he loosened the bolt; a man seriously injured when he fell from an improperly constructed scaffold; and far too many cases where young men were severely injured and unable to return to construction work after falls from roofs or elevated areas due to inadequate or non-existent fall protection. Mr. Atkin prides himself on his ability to coordinate the workers compensation benefits, social security benefits, insurance benefits and other available benefits into a settlement package which allows the maximum benefit for such clients injured by third parties, while still providing a satisfactory statutory reimbursement to the workers compensation insurance company.

Gary is avid toy collector and his favorite pastimes include golf, skiing, and sharing his toys with his grandchildren.

Call Gary at (801)521-2552 or email him anytime.

Learn more about the attorneys of
Atkin & Associates

Marsha S. Atkin

K. Dawn Atkin

Kenny Atkin

Gary E. Atkin
Dawn Atkin, Marsha Atkin, Gary Atkin, and Kenny Atkin

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The attorneys of Atkin & Associates (from left to right)
K. Dawn Atkin, Marsha S. Atkin, Gary E. Atkin, and Kenny Atkin
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