Alan W. Smith Co. v. Garner

I agree only with reversal of the wage loss award, based on the 61-year old claimant’s recited testimony of work search limited to his union.1 The majority errs, however, in reversing the deputy’s determination that “claimant suffers from a tear of the right meniscus” as a result of his com-pensable knee injury. Testimony as to that permanent physical condition2 was not negated by the physician’s removal of functional restrictions based on work history after claimant’s lawful rejection of surgery. The sequence of testimony was:

Q. When did you last see the man?

A. I saw him the 21st of April,…