Special Disability Trust Fund v. Pantry Pride

BARFIELD, Judge.

The Special Disability Trust Fund appeals an order requiring it to reimburse appellee, the employer/servicing agent (E/SA), for PTD benefits paid to an injured employee who suffered a preexisting impairment at the time the employee suffered a second industrial injury. Finding the deputy’s fact-finding duties unfinished, we reverse for further proceedings.

The employee David Evans suffered a low back strain in February, 1982 which left him with a 5 percent permanent impairment (PI) of the body. In December, 1982, Evans suffered a crushing injury to his back when a large quantity…