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Kuzara v. State Fund11/14/1996
ated" this issue out of whole cloth and then resolved it, apparently recognizing that its discussion and resolution of the issue actually before us is transparently incapable of standing alone. Moreover, the Court performs this feat of prestidigitation based on the so-called "facts" in Kuzara's testimony. There are no facts of record regarding this issue never raised or tried in the Workers' Compensation Court, however. Likewise, there is no decision by that court for us to review.
This Court raises the issue, makes findings of fact regarding lack of knowledge by Kuzara which even Kuzara's own testimony does not support, makes further findings regarding Spring Creek's knowledge from a nonexistent record, and then resolves the question. To say that this entire portion of the Court's opinion is dicta is true; the Court resolved the only issue before it — albeit erroneously — before reaching out and creating this issue from thin air. But to say that this part of the opinion is dicta is an understatement. This is as extreme an example of lack of respect and regard for this Court's proper role as I have ever seen.
The Court's opinion in this case raises "result oriented" opinion writing to an art-form.
I dissent.
JUSTICES NELSON and ERDMANN join in the foregoing dissent.
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