State ex rel. Lackey v. Indus. Comm'n
Annotate this CaseAppellant Juan Lackey, who drove trucks for Penske Truck Leasing Company, injured his knee at work. After surgery was performed, Lackey returned to work and filed retirement papers with Penske. Nothing in his retirement documents indicted that Lackey's retirement was connected to the industrial injury. Following his retirement, Lackey requested temporary total disability compensation (TTC). A district hearing officer for Lackey, the state industrial commission, denied the request, finding Lackey had voluntarily retired for reasons unrelated to his injury and Lackey's retirement constituted a voluntary abandonment of the entire labor market. On appeal, a staff hearing officer affirmed. Lackey appealed to the commission, and the commission denied the appeal. The court of appeals denied Lackey's mandamus action after finding the commission's findings were supported by evidence. On appeal, the Supreme Court affirmed, holding the commission did not abuse its discretion in finding that Lackey's retirement was unrelated to his injury, and, accordingly, Lackey could receive postretirement TTC only if he were gainfully employed elsewhere and prevented from doing that job by his industrial injury.
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