Flowers Baking Co. v. Special Disability Trust Fund

WENTWORTH, Judge.

Employer/carrier seek review of a workers’ compensation order by which the employer/carrier were denied reimbursement from the Special Disability Trust Fund. The employer/carrier argue that the judge erred in finding no merger and in denying the employer/carrier any reimbursement for benefits paid to claimant. We find that the disability from claimant’s subsequent injury is materially greater because of a preexisting condition and reverse. This finding establishes a predicate for possible recourse by the employer/carrier to the Special Disability Trust Fund.

The record…