State Accident Insurance Fund Corp. v. Simpson

Employer challenges the award of permanent total disability, arguing that, because claimant has residual physical capacity, it was error for the referee and Board to excuse him from the requirement that he seek work. We affirm.

Claimant, 54 years old, has worked primarily as a mechanic and welder since 1954. He has not been employed since he suffered a compensable injury to his back in 1979. The referee made these pertinent findings concerning his condition:

“At present claimant experiences constant back pain and pain in both legs, worse on the right. He also experiences burning in the left…