Johnson v. State

I respectfully dissent because I believe that the record fully supports the decision of the workers’ compensation commissioner (commissioner) that the plaintiffs injury occurred while “restraining an inmate” and resulted from a special hazard inherent in the duties of a prison guard. Consequently, I would conclude that the compensation review board (board) abused its discretion in reversing the commissioner’s decision.

“[T]he review [board’s] hearing of an appeal from the commissioner is not a de novo hearing of the facts. . . . [T]he power and duty of determining the facts rests on the…