Gray v. Ultramar Diamond, Shamrock Corp.

OPALA, V.C. j.,

with whom WINCHESTER, J., joins, dissenting.

¶ 1 The court reverses the ruling of a workers’ compensation trial tribunal. In doing so it redecides an issue of fact correctly resolved at first instance. Because the trial tribunal’s critical finding — vacated today — stands on competent evidence, I recede from the court’s pronouncement.

I

ANATOMY OF LITIGATION

¶ 2 In May of 2000 claimant sustained an accidental on-the-job back injury. A neurosurgeon determined in January of 2001 that a surgical procedure could alleviate discomfort in claimant’s lower back. An examination before the…