State ex rel. Knapp v. Indus. Comm'n
Annotate this CaseThis workers' compensation case came before the Supreme Court on an appeal of right from the court of appeals' judgment granting Claimant a writ of mandamus ordering the Industrial Commission to vacate its August 6, 2009 order. Appellants, Industrial Commission and Claimant's employer, sought to reinstate the August 6 order, which vacated a previously allowed claim for temporary total disability compensation on the grounds that a later statement by Claimant's examining physician had repudiated that same physician's earlier certifications that the disabling injury had not yet reached maximum medical improvement. On appeal, Claimant argued that the Commission lacked adequate grounds to exercise continuing jurisdiction, which it needed in order to invalidate the earlier order. The court of appeals granted mandamus relief, finding that the subsequent repudiating opinion of Claimant's examining physician could not be relied upon by the Commission to support the exercise of continuing jurisdiction. The Supreme Court affirmed, holding that the Commission abused its discretion in exercising continuing jurisdiction over this case.
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