State ex rel. Bonnlander v. Hamon

Summary

**Workers' compensation – Voluntary abandonment of workforce – Standard of review** Whether a claimant has voluntarily retired or abandoned the workforce is a question of fact for the Industrial Commission. A court must uphold the commission's factual determination if supported by *some evidence* in the record, regardless of contrary evidence, even if the contrary evidence is greater in quality or quantity. Here, the commission's finding that Bonnlander voluntarily abandoned the workforce was supported by evidence of his testimony regarding federal disability benefits and his failure to seek work after being found capable of part-time employment; thus, the denial of permanent-total-disability compensation was affirmed.

Holdings

1. The commission's finding that Bonnlander voluntarily abandoned the workforce was supported by some evidence in the record, including his testimony about federal disability benefits and his failure to seek work.
2. The commission may consider a claimant's failure to participate in vocational rehabilitation as part of the voluntary abandonment analysis, even if medical factors alone would support PTD, but it is not required to do so.

Questions Presented

1. Whether the commission abused its discretion by considering Bonnlander's failure to participate in vocational rehabilitation when making a voluntary abandonment finding.
2. Whether the commission's decision that Bonnlander voluntarily abandoned the workforce was supported by any evidence in the record.

Disposition

affirmed