Wallace v. Chaplin Cadillac-Olds, Inc.

WERNICK, Justice.

The employer Chaplin Cadillac-Olds, Inc. and the worker Scott Wallace executed, on February 1, 1979, an open-ended agreement (later duly approved) calling for the worker to be paid compensation for total incapacity to earn resulting from a work-related injury sustained by the worker on December 4, 1978. The agreement described the worker’s injury as a “twisted right elbow” caused by the worker’s having “twisted [his] arm while cleaning snow from cars.”

On June 4, 1979 the employer filed a petition for review of the worker’s incapacity. After hearing, the Commission decided…