Subsequent Injury Fund v. Baker

The sole issue we are concerned with on this appeal is whether the doctrine of res judicata precluded the Workmen’s Compensation Commission (Commission) from reopening and modifying its award to Appellee, Dorothy J. Baker, 1 against the Subsequent Injury Fund (Fund), Appellant.

On October 4, 1973, Carlton Baker sustained a fracture of his right arm in the course of his employment. While in the hospital for treatment of this injury it was discovered that he had multiple myeloma, a form of bone cancer, which antedated the accidental injury. As a result of this pre-existing condition the Fund was…