Foxx v. American Transportation

Today this court takes a stroll down the primrose path, lured by a disingenuous argument. By this decision, the majority holds that the Workers’ Compensation Commission cannot consider evidence demonstrating the absence of functional incapacity in determining whether or not a claimant has suffered any degree of permanent disability. In other words, it is being held that the issue of permanent functional or anatomical impairment is a question to be determined purely by expert medical testimony. The majority so holds based only on the dubious authority of two second injury fund cases that touch…