Special Indemnity Fund v. Mergerson

OPINION

HUNTER, Judge:

Respondent, Robert H. Mergerson, made a claim before the Workers’ Compensation Court for benefits from the Special Indemnity Fund (Fund). He had sustained injuries in 1988 and 1987 in work-related accidents in Oklahoma. These combined injuries did not result in the total 17% disability required by 85 O.S.1991, § 172(C) to proceed against the Fund. However, Respondent had been injured in 1969 in a work-related accident in Texas which the Oklahoma Workers’ Compensation Trial Court order found to have resulted in a 10% injury to the body as a whole. The trial court combined…