Goodman v. Olin Matheison Chemical Corp.

DISSENT

Buchanan, J.

I respectfully dissent because the majority have ignored the words “previously sustained permanent injury or physical condition" in the apportionment statute (IC 22-3-3-12) and by setting aside the Board’s decision have in effect reweighed the evidence.1

Prior to 1945 what is now the apportionment statute provided that the sum total of the prior condition and the increase or aggravation thereof by a subsequent injury was compensable. See ch. 172, § 33, [1929] Ind. Acts 536, 548. Then in 1945 the statute was amended extensively to provide that compensation should be allowed…