STATE TAX COM'N v. Industrial Com'n of Utah

685 P.2d 1051, 1984 Utah LEXIS 886
CourtUtah Supreme Court
DecidedJuly 6, 1984
Docket19668
StatusPublished
Cited by51 cases

This text of 685 P.2d 1051 (STATE TAX COM'N v. Industrial Com'n of Utah) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
STATE TAX COM'N v. Industrial Com'n of Utah, 685 P.2d 1051, 1984 Utah LEXIS 886 (Utah 1984).

Opinion

HOWE, Justice.

This case is before us on a writ of review of a decision by the Industrial Commission which adopted and approved an administrative law judge’s ruling that Shirley L. Fulton suffered a compensable industrial accident in the course of her employment.

The sole issue presented is whether Fulton suffered her injuries during the course of her employment, as found by the Industrial Commission, or on her way to work, as alleged by her employer, the Utah State Tax Commission, and its insurer, the State Insurance Fund. Our standard of review in Industrial Commission cases is stringent. In reviewing the Commission’s interpretations of general questions of law, we apply a correction-of-error standard, with no deference given to the expertise of the Commission. In reviewing questions of fact, we defer to a great degree to the Commission’s findings and reverse only where they are without foundation in the evidence. In determining whether the Commission correctly applied the findings of basic facts to the legal rules governing the case, we will uphold the Commission, so long as its decision was reasonable in light of the language of the statute, the purpose it aims to achieve and the public policy behind it. Utah Department of Administrative Services v. Public Service Commission, Utah, 658 P.2d 601 (1983). It is the third of the above standards that we apply here. The Commission’s finding that Fulton was in the course of her employment when she suffered her injury involved a question of fact. Its interpretation of the court-fashioned rule defining course of employment required the weighing of several factors to arrive at a conclusion on the ultimate facts, and we must determine whether that decision was reasonable. We conclude that it was and affirm.

At the time of her accident Fulton was an employee with the Motor Vehicle Division of the Tax Commission. She had worked at the Brigham City branch during all of her seven years with the Tax Commission. In November of 1982 the Tax Commission informed her that she could take a two-month training program in its Salt Lake City facilities to become familiar with newly implemented office procedures and to train for computer-related operations. Fulton had asked for this training, as several of the other branch offices had switched to computer operations, and she expected the Brigham City branch to follow suit soon. She had attended four or five workshops in Salt Lake City before and had been reimbursed for those trips. At the beginning of the training program at issue here, she had asked for and received *1053 mileage reimbursement forms, which she intended to submit on a biweekly basis. Arrangements were made to replace her at the Brigham office whenever the workload demanded it, but most of her work was to be performed by one other employee. Fulton’s pay was to continue in full force during the training program, but she was not given overtime pay for travel time, estimated at a little over an hour each way. The Salt Lake City office provided her with the name of a pay carpool. Fulton joined it for one day, but decided to use her own car, as several of the employees had to drop children off at various places and the detours consumed considerable time. On the morning of December 13, 1982, a snow storm had impaired road conditions on I-15, and Fulton was involved in a three-car accident. Her injuries resulted in an eight-month absence from work.

After reviewing the file and transcript of the hearing before the administrative law judge, the Commission sustained the entitlement to worker’s compensation benefits with the following findings:

It would appear to the Commission that although the applicant desired to have the training offered by the Salt Lake City office, it was likewise the desire of the defendant employer, the Tax Commission. The Tax Commission selected the time for training and, in effect, told her to go. Although she was not, in fact, reimbursed for mileage, she was reimbursed for other seminars which involved travel to Salt Lake City and there is a reasonable inference that she would have been reimbursed in this case had her vouchers been submitted.

The purpose of the Workers’ Compensation Act is to protect employees who sustain injuries arising out of their employment by affording financial security during the resulting period of disability. Wilstead v. Industrial Commission, 17 Utah 2d 214, 407 P.2d 692 (1965). To give effect to that purpose, the Act should be liberally construed and applied to provide coverage. Any doubt respecting the right of compensation will be resolved in favor of the injured employee. McPhie v. Industrial Commission, Utah, 567 P.2d 153 (1977).

The Act provides that every employee who is injured in an accident “arising out of or in the course of his employment, wheresoever such injury occurred” shall be compensated for resulting losses. U.C.A., 1953, § 35-1-45. From that rule of blanket coverage, courts have fashioned an exception, sometimes known as the “coming and going rule,” which denies compensation for injuries suffered on the way to and from work. Barney v. Industrial Commission, 29 Utah 2d 179, 506 P.2d 1271 (1973); Lundberg v. Cream O’Weber, 24 Utah 2d 16, 465 P.2d 175 (1970). Whether or not the injury arises out of or within the scope of employment depends upon the particular facts of each case. Kinne v. Industrial Commission, Utah, 609 P.2d 926 (1980). The injury has been held compen-sable where transportation was furnished by the employer to the benefit of the employer, id.; where the employer requires the employee to use a vehicle as an instrumentality of the business, Bailey v. Industrial Commission, 16 Utah 2d 208, 398 P.2d 545 (1965); where the employee is injured while upon a “special errand” or “special mission” for the employer, Wilson, et al. v. Industrial Commission, et al., 116 Utah 46, 207 P.2d 1116 (1949) (dictum); Chandler v. Industrial Commission, 60 Utah 387, 208 P. 499 (1922); where ingress and egress at place of employment are inherently dangerous, Bountiful Brick Co. v. Industrial Commission, 68 Utah 600, 251 P. 555 (1926); Cudahy Packing Co. of Nebraska v. Industrial Commission, 60 Utah 161, 207 P. 148 (1922); and where the employee combined pleasure and business on a trip, and the business part predominated, Ogden Standard Examiner v. Industrial Commission, Utah, 663 P.2d 88 (1983); Martinson v. W-M Insurance Agency, Inc., Utah,

Related

Ackley v. Labor Commission
2024 UT App 119 (Court of Appeals of Utah, 2024)
Granite School District v. Young
2023 UT 21 (Utah Supreme Court, 2023)
Intercontinental Hotels Group v. Labor Commission
2019 UT 55 (Utah Supreme Court, 2019)
Calvo v. Montgomery Cnty.
185 A.3d 146 (Court of Appeals of Maryland, 2018)
Colvin v. Giguere
2014 UT 23 (Utah Supreme Court, 2014)
Jex v. Utah Labor Commission
2013 UT 40 (Utah Supreme Court, 2013)
Jex v. LBR CMMN
2013 UT 40 (Utah Supreme Court, 2013)
Murray v. Utah Labor Commission
2013 UT 38 (Utah Supreme Court, 2013)
Boyko v. Parker
960 F. Supp. 2d 1270 (D. Utah, 2013)
Jex v. Labor Commission
2012 UT App 98 (Court of Appeals of Utah, 2012)
Ameritech Library Services v. Labor Commission
2007 UT App 305 (Court of Appeals of Utah, 2007)
Salt Lake City Corp. v. Labor Commission
2007 UT 4 (Utah Supreme Court, 2007)
Strate v. Labor Commission
2006 UT App 179 (Court of Appeals of Utah, 2006)
McLin v. Industrial Specialty Contractors
851 So. 2d 1135 (Supreme Court of Louisiana, 2003)
Ahlstrom v. Salt Lake City Corp.
2003 UT 4 (Utah Supreme Court, 2003)
Burgess v. Siaperas Sand & Gravel
965 P.2d 583 (Court of Appeals of Utah, 1998)
Drake v. Industrial Commission of Utah
939 P.2d 177 (Utah Supreme Court, 1997)
Savage v. Educators Insurance Co.
908 P.2d 862 (Utah Supreme Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
685 P.2d 1051, 1984 Utah LEXIS 886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-tax-comn-v-industrial-comn-of-utah-utah-1984.