Subsequent Injury Trust Fund v. Hanson Industries

Johnson, Judge.

We granted this discretionary appeal to determine whether the trial court erred in affirming the determination of the Workers’ Compensation Board that a worker’s pre-existing permanent impairment constitutes a “first injury” such that when a compensable event merges with the pre-existing condition, reimbursement for excess liability from the Subsequent Injury Trust Fund is appropriate.

Annie Foster worked for Hanson Industries, d/b/a Georgia Boot, Inc., for over 20 years. Her employers had known of her health problems, specifically a circulation problem characterized as a venous…