State ex rel. Draganic v. Industrial Commission

Two questions are presented: (1) Was the commission bound by its deputy’s determination that claimant was permanently and totally disabled? (2) If not, is permanent total disability compensation nevertheless compelled by Gayt For the reasons to follow, we answer both questions in the negative.

The jurisdictional question posed by the appellate court’s decision arose out of now repealed commission resolution R89-1-009, which read:

“(A)(3) * * * [T]he issues of temporary total and permanent total disability shall be scheduled for hearing on a special hearing docket. A staff hearing officer of the…