Cano v. Smith's Food King

OPINION

BIVINS, Chief Judge.

Defendant Subsequent Injury Fund (the Fund) appeals the district court’s judgment assigning it 100% liability for worker’s disability. It raises four issues: (1) whether sufficient evidence exists to establish liability against the Fund; (2) whether the district court erred in holding the Fund 100% responsible; (3) whether defendants are entitled to credit on amount of prior settlement; and (4) whether the district court properly allowed interest on the judgment. We reverse and remand.

The accidental injury giving rise to this claim occurred on July 12, 1986, when…