Palmore v. Allgood

COMBS, Judge.

This is a workers’ compensation appeal with the sole issue being the correctness of the apportionment of liability between the Special Fund and the employer. The Workers’ Compensation Board, after finding the claimant to be totally disabled occupationally, apportioned two-thirds of the liability against the employer, and one-third of the liability against the Special Fund. The Marshall Circuit Court reversed the decision of the Board and held that all liability be apportioned against the Special Fund.

The medical testimony upon which this case hinges was given by a neurosurgeon…