State ex rel. Tradesmen Int’l v. Indus. Comm’nAnnotate this Case
In 2003, Appellee was injured while working for Appellant. In 2011, Appellee applied for permanent-total-disability compensation and submitted a report from his treating physician, Dr. Oscar DePaz. A hearing officer relied in part on the report of Dr. DePaz as support for the decision to award Appellee permanent-total-disability compensation. Appellant filed a complaint for a writ of mandamus alleging that the Industrial Commission had abused its discretion when it ordered compensation to begin on the date of Dr. DePaz’s report and claiming that Dr. DePaz’s report did not find that Appellee’s disability was solely the result of his medical impairment. The court of appeals denied Appellant’s request for a writ of mandamus. The Supreme Court affirmed, holding that the Commission did not abuse its discretion by (1) relying on the date of the DePaz report as the date on which to begin paying the award; and (2) determining that, based on the entire report, the DePaz opinion was evidence of permanent total disability based on the medical factors alone, thereby eliminating the need for further consideration of the nonmedical disability factors.