State ex rel. Malinowski v. Hordis Bros.

The commission determined that claimant was physically capable of sedentary work. It based its conclusion on reports from Drs. Matrka and Brown. The court of appeals, however, ruled that those reports were not “some evidence” supporting a sedentary-work capability. We affirm that judgment.

Dr. Matrka opined that claimant could do sedentary work if (1) he successfully completed rehabilitation and (2) he underwent the treatment program recommended by Dr. Leak. Unfortunately, the commission’s unexplained delay in responding to claimant’s treatment authorization request delayed claimant’s…