Buchau v. Simmons Boiler & Machine Co

I would reverse the decision of the Workmen’s Compensation Appeal Board and award plaintiff compensation from the Second Injury Fund. (I do not, however, base this decision on provisions relied upon by the majority.) Although there is agreement with the result of the opinion of the Chief Justice, there is disagreement as to the reasoning.

FACTS

The facts are adequately detailed in the opinion of Chief Justice T. M. Kavanagh. However, I spe*152cifically note this portion of the Appeal Board’s opinion citing certain

"concessions of the Second Injury Fund and the prior factual holdings of the Referee…