Shepherd v. Van Ohlen Trucking

I cannot agree with the majority opinion in this case.

First: I assume that the opinion’s statement that the appellant “had not asked for approval of more conservative measures in the alternative” means that he could — or probably could — have had such measures if he had asked for them. If this is what that language means, then I would remand to allow such a request to be made rather than simply affirming the Commission’s denial of benefits.

Moreover, even if the appellant has had the stomach-stapling procedure that the Commission’s opinion said appellant had made arrangements to be paid for by…