Death & Permanent Total Disability Fund v. Tyson Foods, Inc.

I concur with the result reached in the majority opinion, but the reasoning in that opinion, considered with the reasoning in the two dissenting opinions in this case, compels me to suggest the need for a consistent rationale in our approach to the liability of the Death and Permanent Total Disability Trust Fund (sometimes referred to as the “Bank” Fund).

I start with the fact that this appeal grows out of the death of Dwight Robbins who died on August 27, 1979, .as the result of injuries sustained in a motor vehicle accident which occurred in the course and scope of his employment with Tyson…