Day's Market, Inc. v. Muir

DURHAM, Justice:

This is an action to determine whether a workers’ compensation award should be apportioned between the State Insurance Fund and the Second Injury Fund. The case was first tried before an administrative law judge, who apportioned the award equally between the two funds. The State Insurance Fund appealed that decision to this Court, arguing that the Second Injury Fund should have paid a larger share of the award. This Court did not reach the merits of that issue, but remanded for a factual determination of whether the claimant’s current incapacity was substantially greater than…