Swift Transportation v. Labor Commission

Memorandum Decision

CHRISTIANSEN, Judge:

T1 Swift Transportation and its insurer, Ace American Insurance, petition for judicial review of a Labor Commission decision awarding permanent total disability benefits to Paul McClendon. Because Swift has not shown that the Commission erred in determining that McClendon is permanently and totally disabled, we decline to disturb the Commission's order.

{2 McClendon was injured on October 4, 2008, while inspecting a refrigerated truck *679container.1 To check the refrigerant level, McClendon had climbed some six feet off the ground on a ladder to access the…