Totten v. Treasurer of the State

BOOKER T. SHAW, Judge.

Eugene Totten (“Totten”) appeals from the decision of the Labor and Industrial Relations Commission (“the Commission”) denying his claim against the Second Injury Fund (“the Fund”) for: (1) finding, against the overwhelming weight of the evidence, that Totten failed to prove a work-related accident; and (2) failing to consider whether Totten was permanently and totally disabled.

Totten worked for Chrysler Corporation (“Chrysler”) on their assembly line beginning in 1984. In 1993, Totten suffered a work-related accident to his spine, resulting in surgical lumbar…