Heaton v. Second Injury Fund

BENCH, Judge:

(concurring and dissenting).

I concur in the main opinion’s conclusion that the 1979 finding of permanent total disability was only tentative. Under the clear wording of the statute, the finding can be final only after referral to the rehabilitation division. I also concur in the award of interest on disability benefits owed.

I dissent from the holding that the Industrial Commission has the discretion to order benefits payable as of the date permanent total disability is medically confirmed. The main opinion concludes there is no statutory language that explicitly states when…