- CHF 1.00
Beschreibung des Verlags
Opinion OF THE COURT BY JUSTICE GANT Claimant Nally was allegedly injured in 1978 while in the employ of Eaton Axle Corporation in Henderson County. He had an eighth grade education and was 47 years old at the time of the injury, with a functional IQ of 80 according to one witness and 90 according to another. His duties at the time of the injury required lifting axles which weighed between 60 and 90 pounds, and it is basically uncontested that following the injury he was unable to return to his former position. His previous work experience had involved heavy manual labor, or work in the oil fields, in maintenance and with heavy equipment. The Workers' Compensation Board found the claimant to be 100% occupationally disabled, assessing the compensation therefor 50% against the employer and 50% against the Special Fund. The Opinion and Award were affirmed by the Henderson Circuit Court, but the Court of Appeals reversed and remanded for a finding of partial disability only and for a finding concerning notice. Discretionary review was granted on motion of both the claimant and the employer, and numerous issues are presented. The first issue is the finding by the Court of Appeals that ""there is not sufficient substantial evidence to support a finding that the claimant was totally disabled."" This holding was based upon two factors, the first being that claimant ""testified that he was a welder and capable of performing at least this type of alternate employment."" This finding by the Court of Appeals was inconsistent with the evidence. The claimant did testify that he had taught himself to weld, but also testified that he could not perform this task as ""you have to lift to weld."" The medical evidence herein was that the claimant could not lift over 20 pounds, could not be on his feet all day, and must avoid prolonged sitting and frequent bending. The claimant also testified about numerous jobs he had attempted to obtain or perform.