Pomerinke v. Excel Trucking Transport, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding the Commission properly considered a medical guide because it was used merely to support expert testimony and not to assess and formulate its own impairment rating for claimant
• holding the Commission properly considered a medical guide because it was used merely to support expert testimony and not to assess and formulate its own impairment rating for claimant
• Commission did not err in referring to AMA guidelines which are reliable authority in area of disability rating
• “[T]he Commission in the present case cited the AMA Guides merely in support of its supposition that the medical panels included pain in their impairment ratings.”
• claimant does not have to search for work as a prex-equisite to odd-lot status if he shows his efforts would have been futile
• where panel report did not state that pain was a component of the impairment rating, but the report was replete with references to the claimant’s pain, it was sufficient to support a finding that pain was a component of the impairment rating

Source: CourtListener parenthetical corpus (CC0).