Second Injury Fund v. James River Corp.

Melvin Mayfield, Judge.

The Second Injury Fund has appealed a decision of the Worker’s Compensation Commission which held it Hable for all of appellee-claimant’s benefits above a nine percent impairment rating to the body as a whole. Appellant argues that the Commission’s finding that the second and third requirements which trigger Second Injury Fund liability were met is not supported by substantial evidence.

The claimant Floyd Darter contended he was permanendy and totally disabled. At the time of the hearing he was fifty-six years old, had a fifth-grade education, and had been given training…