Yocom v. Spalding

PALMORE, Justice.

The appellant David Spalding claims workmen’s compensation benefits by reason of an injury to one of his eyes. The board found him totally disabled, 90% from the accident and 10% from a pre-existing congenital condition, and made an award on the basis of the 90% portion against the employer alone, absolving the Special Fund. The employer appealed to the circuit court, which remanded the proceeding to the board with directions to make a new award against the employer “not to exceed eleven percent (11%) of the appropriate scheduled benefit and an award against the Special Fund…