Whittaker v. Allen

OPINION OF THE COURT

Claimant sustained a work-related back injury on April 15, 1982, for which he was awarded a permanent, total disability by the “old” Workers’ Compensation Board. Liability was apportioned 43% to the employer and 57% to the Special Fund. On December 19, 1994, the employer moved to reopen the award in order to contest certain medical expenses. In obtaining evidence relative to the motion, the employer learned that claimant was repeatedly bending, kneeling, and performing other strenuous activity while working on automobiles. Therefore, on August 14, 1995, the employer moved…