Sears, Roebuck & Co. v. Ralph

RODOWSKY, Judge.

In this workers’ compensation ease the claim is for permanent total disability allegedly resulting from a low back injury suffered by a claimant who died while receiving temporary total disability compensation and who, months after his death, was rated for permanency by his former treating physician. The employer and insurer contend that a posthumous rating is incompetent evidence, per se, in “other cases” determinations, and, in any event, that the medical history of this claimant is legally insufficient to support an “other cases” determination. The Workers’ Compensation…