State ex rel. Varney v. Indus. Comm’n
Annotate this CaseIn 1983, the four fingers of Dennis Varney’s left hand were amputated in a work-related accident. Three fingers were completely reattached and the fourth finger was partially reattached, but the fingers did not regain their full function. The Bureau of Workers’ Compensation awarded Varney compensation for the partial loss of use of his four fingers. In 1985 and 1990 two claims were allowed for one-third loss of use of Varney's index finger and for two-thirds loss of use of his other damaged fingers. In 2010, Varney filed a motion for a total loss of use of his index, ring, and little fingers. The Industrial Commission denied the motion. The Court of Appeals granted Varney’s request for a writ of mandamus, concluding that the Commission had applied the wrong legal standard for determining the loss of use of a finger. The Supreme Court reversed and denied the writ, holding that the Commission used the proper standard when examining the medical evidence as it related to the amount of function remaining in Varney’s three fingers and did not abuse its discretion in denying compensation for the total loss of use of those fingers.
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