State ex rel. Elliott v. Industrial Commission

Because I believe the Industrial Commission abused its discretion in denying appellant’s application for permanent total disability benefits, I dissent.

As noted by the majority, appellant adduced evidence to demonstrate that he had worked for thirty years as a molder, and that he was fifty-four years old and illiterate, with a low level education and limited mental capacity. The vocational consultant’s report concluded that these factors, combined with appellant’s allowed injury, render him “unemployable.” For the following reasons, I believe the commission abused its discretion by…