Bennett v. Progressive Furniture Company

I respectfully dissent. The majority opinion is convincingly written based on findings that: (1) plaintiff needed to find another doctor because he could not see the authorized doctor, Dr. Rhyne, and (2) defendants did not present evidence to show that plaintiff was employable. These suggestions were contained in plaintiff's brief and/or in oral argument to the Full Commission. The record, however, does not support these and other findings by the majority.

The essential question presented is whether the Commission will decide issues of suitability of employment and continuing disability based…