Smith v. Riceland Foods, Inc.

I respectfully dissent from the majority’s opinion because I do not agree that the Commission’s finding that Smith did not sustain a compensable back injury is supported by substantial evidence.

Smith, who had worked for appellee since 1988, sustained a compensable knee injury on September 20, 1994. On that date, a man-lift in which he was riding malfunctioned, causing him to fall some thirty-five to forty feet to a concrete floor. Smith was taken to the emergency room where his initial complaints were of pain to his right knee and left thigh. X-rays were taken only of the right knee, right…