Riley v. Ina/Aetna Insurance Co.

OPINION

DROWOTA, Justice.

This workers’ compensation case presents an appeal by Defendant-INA/AETNA Insurance Company of the trial court’s award to Plaintiff-employee, Quinton Riley, of 30 percent permanent partial disability to the body as a whole. Defendant contends the trial court erred by failing to apply the “last injurious injury rule.”

On March 7, 1989, Plaintiff Quinton Riley, a 44 year old truck driver with an existing 40 percent disability to the body as a whole1 suffered a work-related back injury while employed by Through Transportation Company. He brought the present suit on May…