Hawkins Construction v. Maxell

I dissent from that part of the prevailing opinion that affirms the Commission’s decision that the Second Injury Fund bears no liability in this case. In my judgment, the Commission’s opinion, as well as that of the prevailing judges, flies in the face of the Arkansas Supreme Court’s decision in Mid-State Construction Co. v. Second Injury Fund, 295 Ark. 1, 746 S.W.2d 539 (1988).

In order for the Second Injury Fund to have liability, three prerequisites must be met: (1) the employee must have suffered a compensable injury at his present place of employment; (2) prior to that injury, the…