Ferguson v. U.S. Epperson Underwriting

Claimant seeks review of a Workers’ Compensation Board order awarding her unscheduled permanent partial disability (PPD) benefits. She argues that the Board rated her disability under invalid temporary rules concerning disability rating standards, and that the Board erred in finding that it lacked authority to determine the validity of those rules. We do not reach the merits of claimant’s challenge. We hold, instead, that her challenge to the temporary rules is moot and affirm on that basis.

In October and November of 1990, the Department of Insurance and Finance (DIF) adopted temporary rules…