River Coal Co. v. Mullins

LUKOWSKY, Justice.

The issue to be determined is the proper method of apportioning workers’ compensation payments among the interested parties when a dormant disease or condition is aroused into disabling reality by injury or occupational disease and no prior active disabling disease or injury is involved.

Eugene Mullins

Average weekly wage, $333.50.

*876Statutory percentage, 62½%.

Percentage of disability, 60%.

Percentage of disability attributable to subsequent injury alone, 30%.

Percentage of disability attributable to arousal of dormant nondisabling condition, 30%.

Statutory maximum award, $84 per…