Trail Mountain Coal Co. v. Kenner

I dissent. I believe that the majority opinion has failed to apply the standard of review appropriate to this case and has inadequately assessed the policy implications of its interpretation of the statutes at issue.

The majority opinion offers its interpretation of the statutes with no deference to that given by the Industrial Commission. Were this a case presenting an issue of general statutory interpretation, the approach taken by the majority opinion would be entirely appropriate because we are not bound by a lower court’s interpretation of general law. See Utah Department of…