Special Indemnity Fund v. Scott

DOOLIN, Justice:

I

In August 1980 Stanley R. Scott (“Claimant”) sustained an on-the-job injury to his left leg, back, neck and right hand. His claim against his employer was settled by joint petition for 14% permanent partial disability. The settlement was approved by the Workers’ Compensation Court on March 24, 1981.

Claimant subsequently filed a claim against the Special Indemnity Fund (“the Fund”) asserting that he was a physically impaired person at the time of his industrial accident by reason of congenital pilonidal cyst. The Fund did not stipulate that Claimant was a previously impaired…