Subsequent Injury Fund v. Gallegos

METZGER, Judge.

The Subsequent Injury Fund (SIF) seeks review of a final order of the Industrial Commission which ordered it to pay 67% of the permanent total disability benefits payable to Joe S. Gallegos (claimant). We set aside the order and remand with directions.

Claimant was rendered permanently and totally disabled from the combined effect of prior industrial injuries to his knees and a subsequent industrial injury to his back. The back (subsequent) injury was rated as a 33% permanent partial disability as a working unit. The Industrial Commission ordered claimant’s employer at the time…