Gibson v. Industrial Board

OPINION CONCURRING IN RESULT

Garrard, P.J.

While I concur with the result reached by the majority, I do so under a different analysis of the due process issue which has been raised concerning the modification of awards.

It seems to me that the right to which due process attaches is that of an employee injured in an industrial accident to recover for her injuries. It would therefore appear that an assessment of whether the statute affords due process should depend upon a consideration of the entire act, rather than merely one section, IC 22-3-3-27, which deals with the modification of awards.

The…