Kohler v. Industrial Commission
Utah Supreme Court
1Opinion of the Court
HENRIOD, Chief Justice:
Review of a Commission order reducing a widow’s award to a ½ lump sum when she remarried, as provided for in Title 35-1-73, Utah Code Annotated 1953. Affirmed, with no costs awarded.
Mrs. Kohler, a widow, urges that the above act,1 in effect at the time of Mr. Kohler’s death that resulted from an industrial accident, constitutionally is discriminatory and a “cruel in terrorem disincentive for remarriage.” We think not.
The act provided that if a widow dependent, receiving benefits under the Workmen’s Compensation laws,2 and there*294after remarries, her sole right to further…
Also in this document: Concurrence.
2Cases cited8 opinions
- Park Utah Consolidated Mines Co. v. Industrial CommissionUtah Supreme Court · 1934
- Leetham v. McGinnUtah Supreme Court · 1974
- United States Smelting, Refining & Mining Co. v. NielsenUtah Supreme Court · 1967
- Roberts v. Kit Manufacturing Co.Idaho Supreme Court · 1993
- Dodge Town, Inc. v. RomneyUtah Supreme Court · 1971
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3Cited by3 opinions
- Sherman v. Cabildo Const. Co.Supreme Court of Louisiana · 1986
- Gallegos v. Homestake Mining Co.New Mexico Court of Appeals · 1982
- Kohler v. Industrial CommissionUtah Supreme Court · 1976