State ex rel. Seibert v. Richard Cyr, Inc.Annotate this Case
The Supreme Court affirmed in part and reversed in part the judgment of the court of appeals denying Appellant's request for a writ of mandamus ordering the Industrial Commission to vacate its order that terminated Appellant's permanent-total-disability (PTD) compensation and finding that Appellant had committed fraud while receiving PTD compensation, holding that the Commission abused its discretion in terminating Appellant's PTD compensation as of March 26, 2009.
In denying Appellant's request, the court of appeals concluded that there was some evidence to support the Commission's finding that Appellant was engaged in sustained remunerative employment through activities he was performing at a raceway while receiving PTD compensation. On appeal, Defendant argued, among other things, that even if the activities he was engaged in could be construed as work, he was not working as of the effective date of the Commission's termination of his benefits. The Supreme Court agreed and remanded for an appropriate date of termination of Appellant's PTD compensation. In all other respects, the Supreme Court affirmed the judgment of the court of appeals.