State ex rel. First National Supermarkets, Inc. v. Industrial Commission

We must consider whether the commission abused its discretion in either awarding compensation for permanent total disability or terminating handicap reimbursement. For the reasons to follow, an affirmative response to the first inquiry only is warranted.

FNS seeks to overturn the permanent total disability award, claiming a lack of both due process and “some evidence.” Only the latter assertion has merit.

FNS initially contends that due process was offended when Commissioner Mayfield, who missed the permanent total disability hearing, voted to award permanent total disability compensation.…