State Treasurer, Second Injury Fund v. Coleman

I respectfully dissent. Although the majority claims it reviewed the evidence in the light most favorable to the Commission’s decision, I suggest it actually gives no credence or weight to that evidence which supports the Commission’s findings.

The Court holds no substantial evidence exists to support the Commission’s finding, that Coleman’s first injury independently produced some degree of permanent disability both before and after his last injury. It further concludes, I believe inaccurately, that there is no evidence that Coleman sustained a loss of earning capacity due to his first injury…