Smith v. Ballou, Johnson & Nichols Co.

OPINION

This workers’ compensation appeal came on to be heard before a panel of this court on November 17,1981, pursuant to an order to the employee, Robert L. Smith (Smith), directing him to show cause why his appeal should not be summarily dismissed because the dismissal by the Workers’ Compensation Commission of his petitions for compensation involved an exercise of discretion, there being evidence in the record to support the commission’s action. Because the commission exercised its discretion against the background of a rather extended factual pattern, we have decided to dispose of the…