Jacobsen Construction v. Hair

STEWART, Justice:

This is an appeal from an Industrial Commission order apportioning liability for workmen’s compensation between the employer (or its insurer) and the Second Injury Fund. We hold that the Commission erred in its apportionment.

I

The employee, John Hair, was injured in an industrial accident while working for Jacobsen Construction. Hair filed a claim for workmen’s compensation, and the Ad ministrative Law Judge impanelled three physicians to evaluate Hair’s injuries. The medical panel found that Hair had a pre-ex-isting congenital absence of fingers resulting in a whole-man…