Special Indemnity Fund v. Davis

REIF, Judge.

The Special Indemnity Fund seeks review of an award of permanent total disability that was based on the combined disability of Claimant’s job-related back injury of September 1, 1993, and certain disabilities that pre-dated this back injury. The Fund assigns error in the trial court’s jurisdictional determination that Claimant was a “physically impaired person” from the disabilities that pre-dated the job-related injury. In ruling that Claimant was a “physically impaired person,” the trial court used the “Crumby finding” of pre-existing neck and back disability in the award for…