Guyton v. Irving Jensen Co.

McCORMICK, Justice.

In this case of first impression we adopt the “odd-lot doctrine” in workers’ compensation cases. The court of appeals reversed the district court’s affirmance of the industrial commissioner’s disability decision on the ground the evidence showed as a matter of law that petitioner was totally rather than partially disabled. We believe an issue of fact was presented on the extent of petitioner’s industrial disability. Nevertheless we believe the commissioner erred in failing to apply the odd-lot doctrine in this case. Therefore we vacate the decision of the court of appeals,…