Asay v. American Drywall

Briscoe, J.:

Respondents, American Drywall and its insurance carrier, initiated this action by seeking review and modification of a workers’ compensation award previously awarded to claimant, Eugene Asay. The administrative law judge, as affirmed by the director, only reduced the prior award and rejected respondents’ argument that claimant’s earning more now than at the time of the injury entitled them to cancellation of the award. Upon review, the district court cancelled claimant’s award and also assessed the costs of the proceedings against claimant. Claimant appeals both rulings.

As support…