Bomely v. Mid-America Corp.

I agree with the majority’s holding that an employee who is permanently and totally disabled is entitled to receive benefits until age 65. I dissent, however because: (1) I believe the majority’s analysis of the proper division between the employer and the Second Injury Fund substitutes a judicially-created policy of “equitable division” for the clear and established legislative policy that dictated the Second Injury Fund legislation; and (2) I disagree with the majority’s approach in finding both subsection (a) and (b) applicable in cases of permanent total disability.

DIVISION BETWEEN…