State ex rel. Quarto Mining Co. v. Foreman

This appeal raises two issues. The first question presented is whether the commission, in evaluating claimant’s application for PTD compensation, abused its discretion by failing to initiate the issue of whether claimant’s retirement precludes his eligibility for PTD compensation. This question can also be framed in terms of whether the employer waived the retirement issue by not raising it administratively. The second issue is whether the cause should be remanded for further consideration on the basis that the medical reports upon *81which the commission relied do not constitute “some evidence”…