Allison v. State Accident Insurance Fund Corp.

The majority affirms the order of the Workers’ Compensation Board. I respectfully dissent and would reinstate the referee’s order that found claimant permanently and totally disabled.

Claimant is a 62-year-old man. He was 58 at the time of the accident. While employed as a construction carpenter in March, 1979, he suffered an injury to his right shoulder. After conservative treatment, he underwent surgery to remove an inch from the right distal clavicle. A further examination showed a rotator cuff tear. The claim was first closed in May, 1980, with an award of 35 percent scheduled loss of the…