Martin K. Eby Construction Co. v. Industrial Commission

BABCOCK, Judge.

Petitioners, Martin K. Eby Construction, Inc., and Commercial Union Insurance Co., seek review of a final order of the Industrial Commission which awarded claimant, Cynthia Trujillo, benefits for 12 percent permanent partial disability. We set aside the order.

On October 17,1980, claimant injured her back in a fall from a piece of heavy equipment during the course of her employment by Eby. Claimant’s treating physician estimated that she suffered a 3 percent permanent disability because of persistent pain and stated that he believed that she should not return to heavy equipment…