Del Monte Frozen Foods, Inc. v. Harmon

I concur in the majority opinion in this case. The Commission has simply applied the law as declared by a panel of this court in Osage Oil Co. v. Rogers, 15 Ark. App. 319, 692 S.W.2d 786 (1985), and by the unanimous opinions of this court sitting en banc in the cases of Second Injury Fund v. Girtman, 16 Ark. App. 155, 698 S.W.2d 514 (1985), and Second Injury Fund v. Fraser-Owen, Inc., 17

Ark. App. 58, 702 S.W.2d 828 (1986).

While one might differ in judging the preponderance of the evidence in the instant case, the law applied by the Commission has been settled and the Commission’s factual…