Second Injury Trust Fund v. White Consolidated & Continental Loss Adjusting

David Newbern, Justice.

The Arkansas Second Injury Trust Fund petitions for review of a Court of Appeals decision which reversed a ruling of the Arkansas Workers’ Compensation Commission. The facts of the case are discussed at length in the Court of Appeals opinion and need not be repeated. See White Consolidated v. Rooney, 44 Ark. App. 78, 866 S.W.2d 838 (1993). The sole issue for review is whether the Second Injury Fund becomes liable for a portion of a worker’s total disability if the previous injury was one which did not result in lost earning capacity when it occurred.

The controlling…