Green v. Smith & Scott Logging

JAMES R. Cooper, Judge.

The appellant in this workers’ compensation case sustained a scheduled injury resulting in 10% impairment to his left arm. He filed a workers’ compensation claim seeking benefits for permanent total disability. In addition, he argued that the denial of wage-loss benefits in scheduled injury cases where less than total disability is sustained is an unconstitutional denial of equal protection. The Commission found that the appellant failed to prove that he was permanendy and totally disabled, but did not rule on the constitutional issue. From that decision, comes this…