Teledyne-Wirz v. Willhite

WILHOIT, Judge.

This is a joint appeal taken by an employer and the Special Fund from an adverse ruling against them by the Carroll Circuit Court in a workers’ compensation action.

On August 5, 1980, the appellee Erma Willhite suffered an injury to her back while working for her employer, Teledyne-Wirz. A claim was filed with the Workers’ Compensation Board and after a hearing, the Board concluded that Mrs. Willhite was 100% occupationally disabled, but that 50% of her injury was the result of a prior noncompensable injury. The Board apportioned liability of 10% to the employer as being…