Gierke v. Billings Gazette

Gierke appeals from a March 6, 1986, decision of the Workers’ Compensation Court which denied Gierke’s claim for additional disability benefits. We affirm.

Gierke raises four issues for our review:

1. Did substantial evidence support the court’s decision that Gierke is not entitled to additional benefits?

2. Did the court fail to consider Gierke’s pain, age, education and work experience?

3. Did the court err when it characterized Gierke’s retirement as voluntary?

4. Did the court err when it placed the burden on Gierke to prove that he had no reasonable prospect of employment in the normal labor…