Cases of Note

OVERVIEW: The employee was burned by hot oil while working for his employer. He claimed workers' compensation benefits and his doctor testified that he sustained a 32 percent anatomical disability but gave no opinion about the employee's vocational disability. The trial court awarded an 80 percent vocational disability to the employee and the employer appealed. The court modified and affirmed the award. The court held that the employee did not present evidence of the following five factors to be considered in making a workers' compensation award, except his age: age, education, skills and training, local job opportunities, and capacity to work at the types of employment available in his disabled condition. Therefore, the court held that the 80 percent vocational disability rating was excessive and reduced the award to a 45 percent vocational disability rating.

OUTCOME: The court modified the workers' compensation award to the employee and affirmed as modified. (Click here for opinion)