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Excel Corp. v. Smithart12/18/2002
s made by employers are an expression of the employer's true commitment to its work force, which often instills a corresponding commitment by employees to the employer that provides immeasurable and tangible benefits. This is the value to the employer. We refuse to alter our accommodation rule.
VI. Conclusion
We conclude substantial evidence exists to support the finding made by the workers' compensation commissioner that Smithart sustained a work-related injury on November 30, 1995. There is also substantial evidence to support the finding that this injury resulted in a twenty percent industrial disability. However, substantial evidence does not exist to support a finding of a second separate and discrete injury on May 6, 1997, but does support a finding that the prior condition was aggravated after November 30, 1995, resulting in an industrial disability of forty percent. We reverse the decision of the district court, vacate the decision of the court of appeals, and remand the case to the workers' compensation commissioner to determine the amount of compensation consistent with this opinion.
DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT REVERSED; CASE REMANDED TO WORKERS' COMPENSATION COMMISSIONER.
All justices concur except Neuman, J., who concurs in result only.
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