Johnson v. Valmac Industries

George Howard, Jr., Judge,

dissenting. It is settled law that whether the decision of the Workers’ Compensation Commission is supported by substantial evidence is a question of law and not a question of fact. A review of the medical testimony in this record dictates a holding that the claimant — a 57 year old white female, possessing a ninth grade education, and who was employed by respondent for a period of 25 years — sustained an injury to her back and neck, when she fell on a concrete floor striking her neck on a table, which aggravated a pre-existing brain tumor.

The medical evidence in the…