Miller v. U.S. Airways Group, Inc.

JAMES M. SMART, JR., Judge,

concurring.

The Commission concluded that the evidence shows that Bonita Miller’s carpal tunnel disease is the same carpal tunnel disease she had in 2004. To the extent that is a factual conclusion, I cannot disagree. I am not sure that the Commission should be understood as ruling as a matter of law that there was only one “injury” within the meaning of section 287.063. But even assuming that the Commission so decided, there was no legal ruling on the statute of limitations issue (which the ALJ found dispositive). The Commission was aware that Ms. Miller had two…