Special Indemnity Fund v. Griffith

MEMORANDUM OPINION

HANSEN, Presiding Judge:

Petitioner, Special Indemnity Fund (Fund), seeks review of a Workers’ Compensation Court order finding it liable for a 6% material increase in Respondent, Terry Griffith’s (Claimant), disability. As its single appellate proposition, Fund alleges the Workers’ Compensation Court lacked jurisdiction to order it to pay an award because Claimant’s preexisting disability, in combination with disability arising from his most recent injury, did not exceed 40%.

Claimant filed his claim for benefits from Fund based on [1] a January 1995, 28% adjudicated…