Island Creek Coal Co. v. Buckman

LESTER, Judge.

This is an appeal from a judgment affirming the Workers’ Compensation Board in an award which apportioned liability equally between the employer and the Special Fund. The appellant maintains that the entire award should have been apportioned against the Special Fund as all the medical evidence indicated there would be no disability but for a pre-existing condition.

The matter arose out of two alleged work-related injuries in the Fall of 1981. In late October of that year, Dr. Dominguez performed surgery to repair a herniated disc. Dr. Dominguez assigned a 20% functional…