United States Fidelity & Guaranty Co. v. Industrial Commission

OPINION

JACOBSON, Presiding Judge.

The basic issue presented by this review of a decision of the Industrial Commission is whether an increase in subjective symptoms of pain without an increase in objective physical impairment or increase in loss of earning capacity will support the reopening of a prior award finding a permanent physical disability with an earning capacity impairment.

The facts are not in substantial dispute. On September 8, 1971, respondent employee, Burton Harger, sustained a low back sprain as the result of an industrial injury. This industrial injury was closed on May 9, 1972…