Smith v. Dixie Fuel Co.

OPINION OF THE COURT

Claimant sought compensation benefits, alleging two work-related injuries. One injury occurred in 1989 and the other in 1990. The Administrative Law Judge (ALJ) determined that claimant was 100% occupationally disabled. Of that disability, the ALJ determined that 20% was caused by the 1989 injury which was time-barred and, therefore, noncompensable; 40% was caused by the 1990 injury, alone, and was the liability of the employer; and 40% was due to the arousal of a previously dormant condition by the 1990 injury and was the liability of the Special Fund. No petition for…