Whaley v. Special Indemnity Fund

IRWIN, Justice:

On appeal to the State Industrial Court en banc, an award against the Special Indemnity Fund (Fund) was vacated and claim against Fund was denied. Herman J. Whaley (claimant) seeks review.

On January 15, 1973, claimant sustained a back injury in the course of covered employment and was awarded compensation for 20% permanent partial disability to the body as a whole. This award became final.

Prior to the 1973 back injury, claimant had sustained a heart disability, and other disabilities not pertinent here. No claim for the heart disability, or any other disability, had been made…