Ellison v. Therma Tru

I would reverse this decision and remand to the Workers’ Compensation Commission with directions that appellant be awarded permanent and total disability benefits. First, the Commission erred as a matter of law when it held that appellant failed to make a prima facie case under the odd-lot doctrine. Second, the Commission improperly undertook a credibility assessment and weighed the preponderance of the evidence in deciding that appellant had not made a prima facie case under the odd-lot doctrine. Finally, nothing authorizes this court to review the Commission’s errant decision on whether…