Crum v. Sachs Electric

I respectfully dissent.

The factual issue in this case is whether Harley Crum, who had the burden of proof, established by competent and substantial evidence his right to an award of permanent and total disability.

Ordinarily, in a workers’ compensation case the appellate court must affirm an award of the Labor and Industrial Rela*134tions Commission if it is supported by competent and substantial evidence based on the record as a whole. But where the facts are not disputed, the award that ought to be made becomes a question of law, and the commission’s ruling is not binding on the appellate court.…