Claimant was injured when she fell while working as a waitress for Employer. Claimant's entire right side of her body was injured. Claimant now has difficulty doing daily chores. We address Claimant's second point first because it is dispositive. Claimant asserts the Commission erred in finding Claimant was permanently and totally disabled as to the primary injury and also finding that same injury was transient and non-permanent in assessing SIF liability.
Employer agrees the findings are inconsistent.
Questions of fact are for the Commission and we may not substitute our judgment on the evidence for that of the Commission's, even if the evidence could support a contrary finding. Reeves v. Midwestern Mortg. The weight to be given evidence rests with the Commission and it alone determines the credibility of witnesses. This court may modify, reverse, remand for rehearing, or set aside an award or decision of the Commission only if the Commission's actions were unauthorized by law, in excess of its authority, fraudulent, unsupported by the facts as found by the Commission, or unsupported by competent evidence on the whole record. Here, we find the Commission's award is unsupported by the facts as found by the Commission.