Irish v. McCreary Saw Mill

REES, Justice.

This is an appeal in behalf of the Industrial Commissioner to determine whether an award of compensation may be made from the Second Injury Fund to an employee who has not been totally disabled and who has not totally lost nor lost the total use of a member listed in Section 85.-64, Code, 1966. From the judgment of the trial court affirming the review decision of the commissioner and determining total disability is not a necessary requirement for a claimant to recover against the Second Injury Fund, and that total loss of use of a member listed in the statute is not required,…