Whitcome v. Department of Employment Security, Industrial Commission ( 1977 )

MAUGHAN, Justice

(dissenting).

For the following reasons, I dissent. It is my view there is no evidence to support the method chosen by the Commission to achieve its end. When the Commission averaged the total sum over the number of weeks involved, it dealt in pure speculation. It was a convenient way to achieve the result. It was also arbitrary and capricious.

[The foregoing is the basis for my dissent in John P. Whitcome v. Dept. of Employment Security, Utah, 563 P.2d 807, Supreme Court No. 14736.]