Bollinger v. State, ex rel. Department of Workforce Services, Workers' Compensation Division
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The Supreme Court affirmed the decision of the Office of Administrative Hearings (OAH) denying Appellant's request for permanent partial disability benefits, holding that the OAH's decision was supported by substantial evidence and was not arbitrary or capricious.
In denying Appellant permanent partial disability benefits the hearing examiner determined that Appellant had not established that because of his injury he was unable to return to employment at a wage of at least ninety-five percent of his monthly earnings at the time of his injury. On appeal, Appellant claimed that the hearing examiner should have found dispositive the undisputed fact that Appellant had applied for over fifty positions and still had no job. The Supreme Court affirmed, holding that the hearing examiner's decision was not contrary to the overwhelming weight of the evidence, and the district court did not err in affirming the hearing examiner's conclusion.
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