Veco Alaska, Inc. v. State, Department of Labor, Division of Workers' Compensation, Second Injury Fund

This is what the board said in the critical passage of the dispositive portion of the decision denying VECO's Second Injury Fund claim:

The Board finds that the employer's written record that the employee had prior back injuries and surgeries, and nothing more, does mot reasonably connote a preexisting arthritic condition and therefore is insufficient as a matter of law to establish the employer's written notice of a pre-existing qualifying disability.

(Emphasis added.) The entire paragraph containing the dispositive portion of the board's decision is attached as Appendix A.

The board's…