Bunnell v. INDUSTRIAL COM'N OF UTAH

I agree with the majority that the administrative law judge plainly erred in excluding evidence in reliance on the hearsay rule. We have held explicitly that a strict application of the rules of evidence is inappropriate in such hearings. E.g., Gardner v. Edward Gardner Plumbing & Heating, Inc., 693 P.2d 678, 681-82 (Utah 1984). I also think the testimony excluded was relevant to the issues put before him. However, I cannot conclude that the erroneous exclusion of the evidence was harmful.

There was ample evidence before the administrative law judge to support his ruling that plaintiff had…