State ex rel. Basham v. Consolidation Coal Co.

State, ex rel. Stephenson, v. Indus. Comm., supra, reaffirmed the distinction between “impairment” and “disability,” holding that the commission, in deciding applications for permanent total disability compensation, must consider “claimant’s age, education, work record, and all other factors, such as physical, psychological, and sociological, that are contained within the record.” Id. at 173, 31 OBR at 374, 509 N.E. 2d at 951. Stephenson held that an order of permanent and total disability issued by the commission must indicate that these additional factors were considered, and the court…