Roset-Eredia v. F.W. Dellinger, Inc.

STEELMAN, Judge.

When plaintiff presented sufficient evidence of total disability and defendant-employer failed to rebut plaintiff’s evidence, the Industrial Commission did not err in concluding that plaintiff is temporarily totally disabled.

I. Factual Background and Procedural History

Jonathan Roset-Eredia, a/k/a Liborio Valdavinos-Barriga (plaintiff), was 35 years of age at the time of the hearing before the deputy commissioner, and was an undocumented worker from Mexico. He can read and write in Spanish, but is functionally illiterate in English. On 27 July 2001, plaintiff broke his right…