Legal Opinion · Dissent

Walls v. INDUSTRIAL COM'N OF UTAH

Court of Appeals of Utah

Decided July 29, 1993No. 920499-CAPublished

1DissentJackson, Judge

I respectfully dissent. By focusing on an activity that the claimant, Jacqui Walls, was engaged in prior to the activity that caused her accident, the majority opinion *971ignores the possibility that a claimant who steps out of the course of her employment can return to it. The majority opinion also fails to take into account several important public policies.

In order for Walls to recover worker’s compensation benefits, she must have been injured by an accident arising out of and in the course of her employment. Utah Code Ann. § 35-1-45 (1988). The words “in the course of” refer to the time,…

2Cases cited17 opinions

  1. STATE TAX COM'N v. Industrial Com'n of UtahUtah Supreme Court · 1984
  2. Kaiser Steel Corp. v. MonfrediUtah Supreme Court · 1981
  3. Page v. GreenMissouri Court of Appeals · 1985
  4. M & K Corp. v. Industrial CommissionUtah Supreme Court · 1948
  5. McPhie v. Industrial CommissionUtah Supreme Court · 1977

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