Beale v. Stratton

Respectfully, I dissent.

The purpose of the Special Fund, which is established and controlled by Section 342.120 of the Workers’ Compensation Law, is to pay benefits when “the employe is entitled to receive compensation on the basis of ... combined disabilities” that include both preexisting disability as set out in subsection (2), and “a subsequent com-pensable injury or occupational disease [which] has resulted in additional permanent disability so that the degree of disability caused by the combined disabilities is greater than that which would have resulted from the subsequent injury or…