Kurtz Plumbing & Heating, Inc. v. Lyons

MILLS, Judge.

In this workers’ compensation action, the employer/carrier appeal from a modification order awarding permanent total disability benefits. We affirm.

Lyons was injured in an industrial accident on 10 November 1973. In 1982, the deputy issued an unappealed order awarding permanent partial disability benefits based on a 60 percent anatomical impairment of the body as a whole.

The deputy refused to assess any permanent disability based on loss of wage earning capacity, finding Lyons did not conduct an adequate job search. The refusal, however, was without prejudice, pursuant to Flesche…