Special Indemnity Fund v. Davis

In my opinion, the award against Special Indemnity Fund is contrary to law and should be vacated, for the principal reason that there is no finding and no evidence that the degree of disability resulting from the combination of the prior and recent disabilities is materially greater than that which would have resulted from the recent injury standing alone.

85 O.S.Supp.1953, Section 172 provides, in part, as follows:

“If an employee, who is a ‘physically impaired person’, receives an accidental personal injury compensable under the Workmen’s Compensation Law, which results in additional…