Jeter v. B.R. McGinty Mechanical

I agree with the majority on the affirmance of the direct appeal brought by Jeter. However, I do not agree that the cross-appeal should also be affirmed, and I would reverse.

B.R. McGinty argues on cross-appeal that there is no substantial evidence to support the Commission’s finding that it controverted the award of Jeter’s permanent partial disability (PPD). It contends that the Commission disregarded controlling authority in Lambert v. Baldor Elec., 44 Ark. App. 117, 868 S.W.2d 513 (1993), and points to the prehearing order filed August 27, 1992, which states in pertinent part:

Claimant…