Estridge v. Waste Management

WH. “Dub” Arnold, Chief Justice.

dissenting. There is no doubt that substantial evidence exists to support the Workers’ Compensation Commission’s decision in this case. Contrary to Est-ridge’s representation to his physicians that he had had no prior back problems, this was not true. He had a history of “chronic back problems,” as the majority admits, and had been treated several times for pulled muscles and muscle spasms prior to the crosstie incident. Next, as the majority again admits, though Estridge underwent surgery as the result of an initial diagnosis of herniated discs caused by…