Legal Opinion · Dissent

Luckau v. Board of Review of the Industrial Commission

Court of Appeals of Utah

Decided October 16, 1992No. 910715-CAPublished

1DissentBench, Presiding Judge

I respectfully dissent. While I generally agree with the standard set forth, I disagree with the analysis used by the majority. I also believe that the AU properly applied the standard set forth and that Luckau will not receive a more favorable outcome on reconsideration. Therefore, I would affirm the Commission's decision.

I write primarily to address the majority’s analytical approach to this ease. The majority sets forth an expansive collection of legal propositions, but then fails to apply many of them to this case. I join Justice Wolfe in “deploying] the setting out of many abstract…

2Cases cited14 opinions

  1. State v. BishopUtah Supreme Court · 1988
  2. Morton International, Inc. v. Auditing Division of the Utah State Tax CommissionUtah Supreme Court · 1991
  3. Foil v. BallingerUtah Supreme Court · 1979
  4. Allisen v. American Legion Post No. 134Utah Supreme Court · 1988
  5. Okland Construction Co. v. Industrial CommissionUtah Supreme Court · 1974

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