C & P Telephone Co. v. Subsequent Injury Fund

On December 16, 1977, John H. Fersinger, Jr., collapsed and died while carrying out duties for his employer, appellant, C & P Telephone Co. of Md. He was survived by a wholly-dependent widow and minor children.

The Workmen’s Compensation Commission found that his death was due in part to a prior impairment and in part to the accidental injury that had occurred on December 16, 1977. It apportioned the cause of death 40 percent to the accidental injury and 60 percent to the prior impairment. It ordered C & P to make payment to the extent of 40 percent of $45,000 ($18,000) and appellee, the…