Rapp v. State Compensation Commissioner

I respectfully disagree with the conclusion reached in the majority opinion.

If the facts now before this Court were the same as on the former appeal, we would be bound to adhere to our former, decision, that being the “law of the case”. The testimony of Dr. Bundy and Lillian Rapp, in my opinion, substantially strengthened claimant’s case. It is true that the testimony of the witnesses mentioned above is negative, but it does show that the family physician and wife of the deceased employee knew of no hernia prior to the date of the injury suffered by Rapp. In this instance death prevents the…