Garrett Mining Co. v. Nye

Dissenting by

Justice WINTERSHEIMER.

I respectfully dissent from that part of the majority opinion that determines it was error to apply the whole man theory to this case. Otherwise, I concur in affirming the decision of the Court of Appeals.

The Administrative Law Judge applied the “whole man” theory and awarded Nye full disability benefits. The “whole man” doctrine applies where an individual suffers a subsequent work-related injury and the nature of that subsequent injury is such that it causes the individual to be totally occupationally disabled regardless of any injury previously suffered.…