Allen v. Brooks

L. CHARLES WRIGHT, Retired Appellate Judge.

John Brooks sustained an injury while in the employ of Brown Pulpwood Company. The Circuit Court of Clay County entered an order finding that Brooks had previously suffered a compensable injury while employed by another employer. The court found that the combined effects of the two injuries rendered Brooks permanently and totally disabled.

Brooks, through his attorney, made application to the Second Injury Trust Fund (SITF). Pursuant to § 25-5-74, Code 1975, the SITF accepted Brooks’s claim for benefits. The SITF refused to pay Brooks’s attorney in a…