Crapo v. Industrial Com'n of Utah

922 P.2d 39, 297 Utah Adv. Rep. 14, 1996 Utah App. LEXIS 84, 1996 WL 467713
CourtCourt of Appeals of Utah
DecidedAugust 15, 1996
DocketNo. 950718-CA
StatusPublished
Cited by3 cases

This text of 922 P.2d 39 (Crapo v. Industrial Com'n of Utah) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crapo v. Industrial Com'n of Utah, 922 P.2d 39, 297 Utah Adv. Rep. 14, 1996 Utah App. LEXIS 84, 1996 WL 467713 (Utah Ct. App. 1996).

Opinion

OPINION

DAVIS, Associate Presiding Judge:

Petitioner Chad Crapo challenges a Utah Industrial Commission Order affirming an administrative law judge’s (ALJ) Findings of Fact, Conclusions of Law and Order denying him workers’ compensation benefits pursuant to Utah Code Ann. § 35 — 1—45 (1994). We affirm.

FACTS

Because Crapo failed to “marshal ‘all of the evidence supporting the [ALJ’s] findings and show that despite the supporting facts, and in light of the conflicting or contradictory evidence, the findings are not supported by substantial evidence,' ” Merriam v. Board of Review, 812 P.2d 447, 450 (Utah App.1991) (citation omitted), we accept as conclusive the ALJ’s findings of facts. See VanLeeuwen v. Industrial Comm’n, 901 P.2d 281, 284 (Utah [40]*40App.), cert. denied, 910 P.2d 426 (Utah 1995). Accordingly, we recite the facts as determined by the ALJ.

During the dates relevant to this appeal, Crapo, then nineteen years old, was employed by Wherehouse Entertainment, Inc. as a sales clerk. In April 1994, Crapo and a fellow Wherehouse employee began stealing a number of items from the store, including “three CD disks, one Sony disk player, and four laser [video] disks.” Additionally, Cra-po was granting unauthorized employee discounts to “frequent customers,” as well as hiding voided receipts in the store’s ceiling. Emily Smith, Wherehouse’s store manager, became aware of these incidents and consequently contacted the store’s regional Loss Control Manager, Jeff Gimber.

After being informed of Crapo’s illegal acts, Gimber instructed Smith to document and maintain a record of Crapo’s unlawful activities. Upon observing Crapo hiding additional voided sales receipts in the store’s ceiling, Smith again contacted Gimber and was told that he would travel to Utah from his southern California location the following day.

On May Í9, 1994, Gimber arrived at the store, whereupon Smith instructed Crapo to report to the manager’s office located in the rear of the store. Once in the manager’s office, Gimber confronted Crapo regarding the thefts that had taken place. After Gim-ber warned Crapo that police involvement was a possibility, Crapo confessed that he had stolen certain items from the store and that he had given unauthorized discounts on store merchandise. During Gimber’s interrogation, Crapo was visibly upset, even crying at times.

Gimber then directed Smith to take Crapo to Crapo’s home to retrieve the stolen store merchandise. Crapo protested this directive, and, suggesting that he could be trusted, offered to retrieve the items from his home alone. Based on Crapo’s prior unlawful conduct, Gimber ruled out this alternative. Smith assented to Gimber’s wishes.

Prior to leaving the store, Crapo was left alone in the manager’s office for approximately twenty minutes, during which time, at Gimber’s direction, he wrote out a confession which included a list of the items he had stolen. Accounting for the reason behind his unlawful acts, Crapo’s confession stated, “for whatever reason why I don’t know other th[a]n the thrill of the MU so to speak.”

After Crapo completed his confession, Smith, using her own vehicle, drove Crapo to his home. On the way to his house, Smith observed that Crapo remained upset, crying and apologizing to Smith for his actions. On arriving at Crapo’s home, Smith accompanied Crapo into the house whereupon Crapo asked to be excused so that he could use the restroom. Crapo went alone to a room adjoining the garage where he kept a 20-gauge shotgun.

Having secured his shotgun, Crapo placed the barrel of the weapon into his mouth and pulled the trigger. The ensuing blast failed to Mil the upset youth. Nonetheless, the shotgun’s discharge resulted in the loss of some teeth and a portion of Crapo’s jaw. Crapo then reloaded the weapon and again attempted to commit suicide. In his wounded state, Crapo loaded the second round upside down precluding a second, potentiaUy deadly, blast.

In response to Crapo’s Application for Hearing, the ALJ held a plenary hearing. Specifically, as described by the ALJ, “[a]t the time and place set for the evidentiary hearing, it was determined by and through counsel, that an evidentiary hearing would not be required at this time, in that the threshold issue involved in this case is a legal one- The parties agreed that the Administrative Law Judge could determine the issue based on the hearing memoranda prepared by the parties, and depositions of the applicant and of Emily Smith.” Thus, having reviewed the entire record, the ALJ entered his Findings of Fact, Conclusions of Law and Order.1

[41]*41The ALJ noted that there was no evidence presented to suggest that anyone had recommended to Crapo that he injure himself. Moreover, the ALJ determined that Crapo “knew that Wherehouse Entertainment was not going to press charges as long as the merchandise was returned.” Hence, the ALJ found that nothing other than Crapo’s own guilt led Crapo to conduct himself in a manner bent on his own death. In concluding his factual findings, the ALJ determined that “Crapo did not attempt suicide for any reason other than the fact that he had been caught stealing from his employer. There was no preceding compensable injury which led to the suicide [attempt].”

Acting pursuant to Crapo’s Motion for Review of the ALJ’s Findings of Fact, Conclusions of Law and Order, the Utah Industrial Commission affirmed the decision of the ALJ. Crapo appeals.

STANDARD OF REVIEW

Utah appellate courts may grant relief from an agency decision if the agency’s interpretation or application of statutes is “an abuse of discretion delegated to the agency by statute.” Utah Code Ann. § 63-46b-16(4)(h)(i) (1993). However, we accord such deference to an agency’s statutory interpretation only “when there is a grant of discretion to the agency concerning the language in question, either expressly made in the statute or implied from the statutory language.” Morton Int’l, Inc. v. State Tax Comm’n, 814 P.2d 581, 589 (Utah 1991); accord Nucor Corp. v. State Tax Comm’n, 832 P.2d 1294, 1296 (Utah 1992); Cross v. Board of Review, 824 P.2d 1202, 1204 (Utah App.1992).

The statute at issue here, Utah Code Ann. § 35-1-45 (1994), contains neither an express nor an implied grant of discretion to the Industrial Commission. See Cross, 824 P.2d at 1204. Accordingly, we are “in as good a position as the agency to interpret the general statutory provision in question.” Niederhauser Ornamental & Metal Works Co. v. State Tax Comm’n,

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Related

Murray v. Labor Commission
2012 UT App 33 (Court of Appeals of Utah, 2012)
Caporoz v. Labor Commission
945 P.2d 141 (Court of Appeals of Utah, 1997)

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922 P.2d 39, 297 Utah Adv. Rep. 14, 1996 Utah App. LEXIS 84, 1996 WL 467713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crapo-v-industrial-comn-of-utah-utahctapp-1996.