Burdines Department Store v. Palmer

NIMMONS, Judge.

The employer/carrier appeal from an order of the deputy commissioner granting claimant’s petition for modification of the deputy’s earlier order which had denied permanent total disability. We reverse.

The deputy granted claimant’s petition for modification on the grounds that (1) he had made a mistake in a determination of fact and (2) there had been a change in claimant’s condition. However, the order granting the petition cannot be sustained on either ground.

The deputy believed that he had made a mistake in a determination of fact in that he had not considered certain…