V. W. Johnson & Sons v. Johnson

Employer petitions for review of a Workers’ Compensation Board order that denied it the right to offset against claimant’s permanent total disability (PTD) benefits the amount that it had previously paid claimant on a permanent partial disability award. We reverse.

In October, 1987, the referee found that claimant was permanently and totally disabled as of the date of the hearing. Employer appealed to the Board, and claimant filed a cross-appeal, contending that the award should have been retroactive. In its brief to the Board, employer argued that, in the event that the Board awarded PTD…