Owens-Illinois, Inc. v. Lane

OPINION

FONES, Justice.

Defendants, employer and its workmen’s compensation insurer, appeal from the trial court’s award of benefits that included a ten percent permanent partial disability to employee’s foot. Defendants challenge the competency of the medical evidence, consisting solely of the deposition of Dr. Gary *349McAllister, relied upon in finding the permanent partial disability. The only issue is whether the physician’s testimony on the question of permanence attained the degree of certainty sufficient to sustain an award of permanent disability.

Plaintiff was working as a material handler…