Special Indemnity Fund v. Roberts

HALLEY, Justice.

After a joint petition settlement with his last employer claimant instituted proceedings to recover benefits against the Special Indemnity Fund (hereinafter referred to as the Fund) under the provisions of 85 O.S. 1951 § 171 and 85 O.S.Supp.1959 § 172. He claimed to be permanently totally disabled as a result of his pre-existing impairments combined with the disability due to the last injury. The trial tribunal entered an award against the Fund for permanent total disability less the amount of compensation paid to claimant by the last employer. The Fund brings this proceeding…