State ex rel. Yellow Freight System, Inc. v. Industrial Commission

Yellow Freight does not contest claimant’s entitlement to permanent total disability compensation, objecting instead to the commission’s *142decision to allocate the entire cost of the award to the Yellow Freight claim. We find Yellow Freight’s arguments to be persuasive and accordingly reverse the judgment of the court below.

The commission argues that Dr. Smith’s report and the preponderance of compensation and medical expenses paid in the Yellow Freight claim support the apportionment. This reasoning, however, did not appear in the commission’s order, nor did the commission purport to rely on…