Beale v. Shepherd

LAMBERT, Justice.

In these three consolidated appeals, the claimants suffered an occupational injury and an occupational disease, each of which caused permanent disability. For each claimant the occupational injury and the last injurious exposure to hazards resulting in the occupational disease occurred on the same date. The percentage of occupational disability attributable to the combination of disabling conditions exceeded 100% for each claimant.

In Beale v. Shepherd, claimant was found to be 50% permanently disabled due to an occupational back injury. The liability was divided equally…