State ex rel. Pleban v. Industrial Commission

This controversy stems largely from a confusing regional board order. The order vacated the finding of permanency underlying the denial of compensation without vacating the denial itself. To the contrary, it specifically “[a]ffirmed [the order in] all other respects.”

Claimant essentially argues that the vacation of the permanency finding compels the issuance of temporary total disability compensation. This is incorrect. The lack of “some evidence” supporting a denial of temporary total disability compensation does not equate to “some evidence” supporting its award. State ex rel. Lampkins v.…