Kurschner v. Department of Industry, Labor & Human Relations

The first issue presented on this appeal is whether the industrial commission’s finding of 15 percent permanent partial disability is based solely on impairment of bodily function without regard to impairment of earning capacity. We conclude that it is.

It is the finding of the industrial commission and not that of the examiner which we review. However, in the instant case the commission affirmed the specific finding of the examiner and a review of the hearing strongly indicates that the examiner was preoccupied with functional disability without regard for loss of earning capacity. Because…