Legal Opinion

Kohler v. Industrial Commission

Utah Supreme Court

Decided October 7, 1976No. 14506PublishedCited by 3 opinions

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

  1. Park Utah Consolidated Mines Co. v. Industrial CommissionUtah Supreme Court · 1934
  2. Leetham v. McGinnUtah Supreme Court · 1974
  3. United States Smelting, Refining & Mining Co. v. NielsenUtah Supreme Court · 1967
  4. Roberts v. Kit Manufacturing Co.Idaho Supreme Court · 1993
  5. Dodge Town, Inc. v. RomneyUtah Supreme Court · 1971

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Sherman v. Cabildo Const. Co.Supreme Court of Louisiana · 1986
  2. Gallegos v. Homestake Mining Co.New Mexico Court of Appeals · 1982
  3. Kohler v. Industrial CommissionUtah Supreme Court · 1976

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