Mayes v. Second Injury Fund

SHEPARD, Chief Justice.

This case presents a question of first impression in Worker’s Compensation: whether third party settlement terminates Second Injury Fund liability. We conclude that the statutory scheme makes Second Injury Fund liability a derivative of employer liability, and, accordingly, where settlement terminates an employer’s liability, Second Injury Fund liability will also be terminated.

Facts and Procedural History

In November 1999, Ronald Mayes was injured in a workplace accident arising out of and in the course of his employment with Main Tech Corporation when his arms were…