Newberg v. Davis

OPINION OF THE COURT

Aze Davis, a laborer, sustained a work-related injury to his back in November, 1977, while employed by Whitley Development Co. (Whitley). The claim was settled for a lump-sum payment of $7,000, which represented a 4.6% permanent, partial occupational disability. This award was apportioned 50% to Whitley and 50% to the Special Fund. The settlement agreement was approved by the “old” Workers’ Compensation Board.

After his Social Security benefits expired, Davis returned to work. On December 23, 1987, while employed by Kay & Kay Construction (Kay), he sustained another…