Liberty Mutual Insurance v. Frazier Land & Timber Co.

Moore, Justice:

This is an appeal from the circuit court’s order reversing appellant’s (Fund’s) decision denying reimbursement to respondent (Liberty). We affirm in part and reverse in part.

FACTS

Leroy Small, an employee of Frazier Land and Timber Co. (Frazier), was paralyzed by a work-related accident. Small was rendered totally and permanently disabled for worker’s compensation purposes.1 Small had several prior permanent impairments, one of which was diabetes. Small’s diabetes aggravated his paralysis causing him to undergo a double amputation. Frazier’s workers’ compensation insurance…