W.F. Dunn, Sr. & Son v. Industrial Commission

OPINION

FIDEL, Judge.

The claimant, a farm worker, sustained a permanent and disabling injury. Although the injury left him physically able to perform light work, none was available in farm labor, and a pre-injury criminal conviction made it unlikely that he could find such work in another field. The Industrial Commission concluded that the claimant had a total loss of earning capacity and awarded him permanent total disability benefits. The employer and carrier appeal. We consider three issues:(1) Was claimant’s pre-injury conviction properly considered by the administrative law judge in…