Sweeney v. Great West Transportation

I concur with Part I of the majority opinion, which holds that Sweeney presented sufficient medical evidence of temporary disability during the period of June 28 through July 16, 1983. However, I disagree with the majority’s procedure in applying the substantial competent evidence test in this case, where the decision below was made on the same, “cold” record that is now before us. Rather, if this Court were to fulfill its function as did other courts before us, we would review the record and make our determination. Having done so, I am inexorably drawn to the conclusion that the decision of…