Samilton v. Special Indemnity Fund

OPINION

HANSEN, Presiding Judge:

In this action against the Special Indemnity Fund only,1 the trial court found it did not have jurisdiction to proceed in that Claimant, Margaret Samilton, did not have the requisite percentage of combined injuries required by 85 O.S.1991- § 172(C). Claimant asks us to hold otherwise.

In November of 1986, the Legislature enacted § 172(C) to provide:

Before a physically impaired person can proceed against the Special Indemnity Fund, the pre-existing permanent partial disability and the permanent partial disability from the last injury must exceed a total amount…