Rose v. Thornton & Florence Electric Co.

Rees, J.:

This appeal arises out of a worker’s compensation claim made by Thomas J. Rose against his employer, Thornton & Florence Electric Company. The Workmen’s Compensation Fund was properly impleaded and it appeals from district court approval of an award for temporary total disability resulting from a second injury. We reverse.

Claimant sustained an injury on September 7, 1973, for which he made a worker’s compensation claim; a permanent partial disability award was entered in due course. He sustained a second injury on January 29, 1975. On November 15, 1978, more than forty-five months…