EBI/Orion Group v. State Compensation Mutual Insurance Fund

EBI/Orion Group appeals from the judgment of the Workers’ Compensation Court which held that it was not entitled to indemnification from the State Compensation Mutual Insurance Fund for workers’ compensation benefits paid to claimant, Claude Athey. We affirm.

Although several issues have been submitted on appeal, we find only one necessary to our review:

‘Whether substantial credible evidence supports the Workers’ Compensation Court’s determination that no second injury occurred while State Compensation Mutual Insurance Fund was on risk.”

On September 19,1985, claimant, Claude Athey injured his…