George M. Eady Co. v. Stevenson

LUKOWSKY, Justice.

The Workmen’s Compensation Board found that the claimant was 70% occupationally disabled and apportioned 35% to the latest injury and the remainder to an aroused dormant nondisabling disease or condition. Thus, both the employer and Special Fund are to pay the claimant 35% disability benefits. The employer has appealed.

The employer’s physician, Dr. Rummage, testified that the claimant’s work-related back injury was completely healed. He attributed the claimant’s remaining problem to a chronic degenerative low back condition which the claimant had before the injury-

Dr.…