Hartford Accident & Indemnity v. South Carolina Second Injury Fund

Connor, Judge:

In this action for reimbursement from the Second Injury Fund, the Workers’ Compensation Commission determined Hartford Accident and Indemnity Company qualified for reimbursement. The circuit court affirmed. The Second Injury Fund appeals. We reverse.

Orr Construction Company employed Thomas Headrick as a carpenter and painter. The job application he completed asked, “Do you have any physical condition which may limit your ability to perform the job applied for?” Headrick replied, “No.” Although he had suffered two prior, fairly serious back injuries, both of which required…