State ex rel. Berry v. Industrial Commission

The key phrase in the majority opinion, in which I wholeheartedly concur, states that “the commission elected to premise its decision upon the applicability of IC-5-10, and not upon .the existence of protective eyewear.” The commission could have stated merely that its decision was based on “the evidence in the file and/or the evidence adduced at hearing.” Such a statement would presumably include the issue of protective eyewear availability, and some evidence of the existence of the eyewear does exist in the record. It is quite likely, therefore, that this court, confronted with the standard…