McCoy v. Transport Indemnity Co.

Claimant in this case is a 56-year-old truck driver who sustained an injury to his back on October 25, 1973. Insurer contests the holding of the referee, affirmed by the Workmen’s Compensation Board and the circuit court, that claimant was in the odd-lot category and was entitled to permanent total disability.

The insurer argues that because claimant is highly motivated and feels optimistic about gaining some employment, he is ineligible for odd-lot status.

We are unwilling to allow the motivation of claimant, required for a finding of odd-lot status in a case where the injury itself does not…