Stovall v. Stumbo

I respectfully dissent from the majority opinion. I believe the following statement found in the opinion of the Workers’ Compensation Board takes a realistic approach to this case and that the Board’s result in this respect does not violate either statute or case law:

[A]n employee, although adjudicated permanently and totally disabled and fully compensated therefore (sic), may thereafter acquire a wage earning capacity. If he then suffers a subsequent injury which deprives him of such newly acquired wage earning capacity, he may be entitled to compensation for such loss.

Our courts have long…