Day v. State Accident Insurance Fund

The claimant sustained a back injury in November, 1976, in a fall incurred while in the cause and scope of his employment. After a determination by the Workers’ Compensation Board closing the claim without any permanent disability award, the claimant requested a hearing. The referee and the Board awarded permanent total disability. SAIF appealed to the Court of Appeals, which reversed in a per curiam opinion, stating that the claimant was permanently and totally disabled before he sustained his November, 1976 injury. We granted claimant’s petition for review.

In granting the petition for…