Fund v. McDaniel

MEMORANDUM OPINION

ADAMS, Judge:

This appeal presents the question whether a finding, pursuant J.C. Penney Co. v. Crumby, 584 P.2d 1325 (Okla.1978), that McDaniel had a pre-existing heart injury constitutes a previous adjudication so as to trigger liability for the Special Indemnity Fund (Fund) for an increase in disability due to the combined effect of the previous impairment and an employment-related heart injury. The trial court found it did not, denying the claim against the Fund, but the three judge panel reversed that, finding the order contrary to law and against the clear weight of the…