Wheat v. Heritage Manor

OP ALA, Vice Chief Justice.

The issues on certiorari are: 1) Did the trial judge correctly deny compensation upon failure of proof in claimant’s medical evidence to support a compensation award for permanent partial disability and, if so, 2) must the order nonetheless be vacated and the claim be remanded for the trial tribunal’s reconsideration? We answer both questions in the affirmative.

The claimant was injured while employed as a licensed practical nurse. To avoid being struck by a “combative” patient she turned away in a sudden movement, colliding with a door through which another employee…