Hoskins v. Circle a Construction, Inc.

SUBSTITUTE OPINION

THE COURT’S PRIOR OPINION DATED MARCH 22, 2002 IS HEREBY WITHDRAWN

SCHROEDER, Justice.

This is an appeal from the Industrial Commission, which awarded benefits to Gary Hoskins (Hoskins) from January 9, 1998 through April 7, 1999 because of respiratory problems associated with metal fume fever. His employer, Circle A Construction (Circle A), contends that there is no evidence to support the Commission’s findings that Hos-kins was entitled to benefits from October 14, 1998 to April 7, 1999. Hoskins filed a cross-appeal, arguing that earnings from his private business should have…