SPECIAL IND. FUND v. Kilgore

I am unable to concur in majority opinion herein insofar as it holds that under the provision of section 2, Title 85, S. L. 1943, a permanent partial disability to the foot may not be combined with a previous disability to the back so as to fix liability on the Special Indemnity Fund in less than permanent total disability cases.

There can be no doubt that claimant was a “physically impaired person” as defined in Title 85, sec. 1, S. L. 1943. Claimant suffered an accidental injury to his back December 31, 1940, for which he was awarded compensation. The second injury occurred January 20, 1945.…