Eastern Materials Company v. Robinson

JACKSON, Justice:

This is an original proceeding for the review of an order of the State Industrial Court awarding claimant an additional twenty five percent permanent partial disability, based upon a change of condition for the worse.

Petitioners in this court, the employer and insurance carrier, argue in effect that strictly as a matter of mathematics, the award based on change of condition is not supported by competent evidence.

For reasons set out below, this argument must be sustained. The injury to claimant was a back injury, and it is conceded that the following rule is applicable.

“When a…