Franklin Fabricators v. Irwin

HERRMANN, Justice:

The appeal in this workmen’s compensation case involves the burden of proof imposed upon the employer who seeks termination of total disability compensation of the employee.

The Industrial Accident Board terminated the employee’s total disability status, ruling that, in view of the medical testimony that the employee had recovered sufficiently to return to his regular work, the “problem in this case preventing the claimant’s employment is a lack of proper motivation.” The record shows that the employer made an offer of proof of the “availability of regular employment within…