State ex rel. Eaton Corp. v. Industrial Commission

Appellant alleges that the commission abused its discretion in both awarding impaired earning capacity benefits and refusing to reduce the award by the amount of temporary total disability compensation previously overpaid. We disagree with appellant’s contentions but, upon review, find that the commission abused its discretion by calculating claimant’s impaired earning capacity as it did. Accordingly, the judgment of the court of appeals is reversed in part and affirmed in part.

Appellant’s initial propositions invoke res judicata in response to the commission’s refusal to reduce claimant’s…