State Workers' Compensation Fund v. South Carolina Second Injury Fund

In September 1986 Warren M. Hunt (employee) brought a Workers’ Compensation claim against his employer, the State Forestry Commission and its insurance carrier, the State Workers’ Compensation Fund, for total disability from heart disease under South Carolina Code § 42-11-90. He prevailed and collected $90,906.

The carrier filed a request for reimbursement from the Second Injury Fund. At issue in this proceeding is the sole question of whether the employer’s carrier is entitled to be reimbursed with second injury funds. The hearing commissioner found there was no second injury and denied…