Anton v. Anton Interiors, Inc.

Dissenting Opinion

Garrard, J.

I respectfully dissent and would reverse the determination of the Industrial Board which, in effect, holds that an employee who suffers permanent injury arising out *424of. and in the course of his employment may not recover for permanent impairment unless he carries the burden of establishing both his damages and any mitigation thereof. ' I believe this result is contrary to both the specific portion of the statute which is at issue and to the general policy which guides, interpretation of the Act.

It is not disputed that on March 9, 1973, Anton suffered an injury…