Tombaugh v. Treasurer of the State

KAREN KING MITCHELL, Judge.

This is a Second Injury Fund case. The issue is whether the Labor and Industrial Relations Commission (“Commission”) erred in relying on medical reports and on medical expert testimony to determine the degree of the claimant’s disability when the medical expert later testified to a different, though not necessarily contradictory, conclusion. We find that the record is insufficiently clear to determine whether the Commission rejected the expert’s modified testimony as not credible or whether it simply overlooked the testimony. Further, the record is unclear as to…