Hakala v. Burroughs Corp.

Both as a matter of public policy and of law, I dissent as to part II of Justice Swainson’s opinion but concur in part I.

The majority decision does violence to the original purpose of the Second Injury Fund, which was to encourage hiring of the handicapped. Under its interpretation, a person who "always had” poor uncorrected vision in one eye comes to his employment with a "first injury”, although the corrected vision is within normal range. The Court creates a new class of handicapped persons, the foreseeable result of which will militate against hiring people wearing eyeglasses or contact…