Wheaton v. Industrial Special Indemnity Fund

This is a workers’ compensation case. We conclude as follows:

1. The referee’s decision not to reopen the case is not appealable because the Commission did not approve and confirm the decision.

2. There is substantial and competent evidence to support the Commission’s finding that the claimant did not establish a prima facie case of total and permanent disability under the odd-lot doctrine.

3. The claimant did not preserve for appeal the admissibility of testimony of a vocational expert because the claimant did not object to the consideration of this testimony.

I

THE BACKGROUND AND PRIOR…