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DRAKE v. INDUSTRIAL COM'N OF UTAH5/13/1997
rence need be given a trial court's resolution of such questions of law." State v. Vincent, 883 P.2d 278, 281 (Utah 1994). Nevertheless, in view of our analysis in Pena, policy considerations and other factors may "lead this court to define a legal standard so that it actually grants some operational discretion to the trial courts applying it." Id. at 282 (citing Pena, 869 P.2d at 935-36). As a result, a trial court's or agency's application of the law to the facts may, depending on the issue, be reviewed by an appellate court "with varying degrees of strictness, falling anywhere between a review for 'correctness' and a broad 'abuse of discretion' standard." Langeland v. Monarch Motors, Inc., 307 Utah Adv. Rep. 3, 4, ___ P.2d ___, ___ (Utah Dec. 31, 1996) (citing Pena, 869 P.2d at 936-39).
In applying these principles to the instant case, although the empirical facts of Drake's case are reviewable for clear error, the conclusion as to whether those facts qualify Drake for workers' compensation benefits under the special errand rule is reviewable for correctness. Because the underlying and historical facts of this case were undisputed,
our inquiry focuses on the degree of discretion that the legal standard for the special errand rule bestows upon the Commission. In other words, how closely should this court review the Commission's conclusion that a given set of facts does or does not constitute a "special errand"? Given the nature of the legal issue, we conclude that the legal standard is one that "conveys a measure of discretion to [the Commission] when applying that standard to a given set of facts." Pena, 869 P.2d at 939.
Scope-of-employment issues are in general highly fact-dependent. Indeed, our prior case law recognizes that "whether or not the injury arises out of or within the scope of employment depends upon the particular facts of each case." State Tax Comm'n, 685 P.2d at 1053. Whether an employee was injured while on a special errand is also highly fact-sensitive. As a result, we are less inclined to formulate and impose a fact-specific rule of law because of the likelihood that no rule can be formulated that will adequately address all potential facts in these cases. See Pena, 869 P.2d at 939. Thus, this is a question that "we cannot profitably review de novo in every case because we cannot hope to work out a coherent statement of the law through a course of such decisions." Id. at 938 (describing why deference needs to be given to trial court when applying highly fact-dependent doctrine of waiver to set of facts); see also Trolley Square Assocs. v. Nielson, 886 P.2d 61, 65 (Utah.Ct.App. 1994) (holding that broadened grant of discretion should be given to trial court on application of equitable estoppel doctrine to varying facts).
In addition, this court has had few occasions to address particular fact situations to which the special errand rule arguably applies. It is therefore even more unlikely that we could "spell out in detail a legal rule that will adequately anticipate the facts that should be outcome determinative if the policy of the legal rule is to be served." Vincent, 883 P.2d at 282 (citing Pena, 869 P.2d at 939). This consideration should not, however, preclude an appellate court from narrowing the deference given to the Commission once a serviceable standard has emerged.
While we are therefore disposed to give heightened deference to the Commission, policy considerations compel us to exercise some scrutiny. The Workers' Compensation Act was enacted to provide economic protection for employees who sustain injuries arising out of their employment, therefore "alleviat hardship upon workers and their families." Baker v. Industrial Comm'
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