Special Indemnity Fund v. Payton

MEMORANDUM OPINION

ADAMS, Judge:

¶ 1 Does Claimant Larry Payton have an obvious and apparent unadjudicated previous disability from a 1990 automobile accident? If not, then under the evidence presented, the Special Indemnity Fund (Fund) argues that Claimant does not meet the level of combined disability (40 percent) required under 85 O.S.Supp.1994 § 172(c) to trigger its liability for a material increase in disability due to the combined effect of the claimed obvious and apparent disability with two adjudicated disabilities, one in 1988 and one in 1994. A trial court order combined the three…