Pom, Inc. v. Taylor

I respectfully dissent. The court of appeals’ unpublished opinion on review here misstates what must be shown under controlling case law to establish Second Injury Fund liability. See Mid-State Construction v. Second Injury Fund, 295 Ark. 1, 746 S.W.2d 539 (1988); Hawkins Const. Co. v. Maxell, 325 Ark. 133, 924 S.W.2d 789 (1996). That unpublished opinion concludes as follows:

Most importandy, there was no proof that Taylor’s present disability status would not have resulted solely as the result of his present compensable injury, considered alone and of itself, i.e., that Taylor would not have…