Schmidt v. Industrial Commission of Utah

I concur that this matter should be remanded and the medical aspects referred to a medical panel. Because, however, of conflicting case law in this State interpreting the statutory requirement that to support an award of compensation a worker must be injured “by accident,” I deem it appropriate to enlarge on the analysis of this point found in the main opinion with a view to providing the Industrial Commission with a consistent standard to apply.

The dissenting opinion of Mr. Chief Justice Crockett centers on the necessity of identifying “an accident” which causes injury. As Professor Arthur…