Prows v. INDUSTRIAL COM'N OF UTAH

I respectfully dissent.

In reversing the order of the Commission, the majority opinion rules “as a matter of *1368law that there was not a substantial deviation” from petitioner’s course of employment (emphasis added). My primary concern with such a ruling is that a decision as to whether one is injured by accident arising out of or in the course of his employment is not a law matter, but a factual one. Once the Commission has found the facts, this Court has traditionally refrained from disturbing such findings whenever there is substantial evidence to support them.1

The majority relies upon the…