Lowe v. C. N. Brown Co.

DUFRESNE, Active Retired Justice,

dissenting.

Janice Lowe fell and dislocated her right shoulder while working as a gas station attendant for C. N. Brown Company on October 20, 1978. An agreement was executed on November 22, 1978, between the employer and employee under which benefits for total incapacity were paid. The Workers’ Compensation Commission approved it.

The employer filed its petition for review of incapacity on April 20, 1979, while the employee countered with a separate petition to have the Commission determine the extent of permanent impairment due to her injury of October…