Legal Opinion

American Smelting & Refining Co. v. Industrial Commission

Utah Supreme Court

Decided June 18, 1937No. 5703PublishedCited by 2 opinions

1Opinion of the Court

MOFFAT, Justice.

It is agreed by the parties to this proceeding that there is but one question presented for consideration. Eeview is sought for the purpose of determining whether the Industrial Commission of Utah erred in computing the rate of compensation by applying the provisions of subsection 8 (f) of section 42-1-70, E. S. Utah 1933.

The subsection, and those that must be construed therewith, read:(3) (f) “If the wage is on part-time basis, and the employment is regular, extend the wage to full-time basis, or use the wage the injured would earn if working full time in such employment, and…

2Cases cited4 opinions

  1. Morrison-Merrill & Co. v. Industrial CommissionUtah Supreme Court · 1933
  2. Drum v. Omaha Steel WorksNebraska Supreme Court · 1935
  3. Gorham v. Peter Kiewit Sons Co.Nebraska Supreme Court · 1935
  4. Thorne v. Industrial CommissionUtah Supreme Court · 1934

3Cited by2 opinions

  1. La Rue v. JohnsonNew Mexico Supreme Court · 1943
  2. Humphreys v. Schuknecht Construction Co.South Dakota Supreme Court · 1938

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