Multiple Injury Fund v. McCauley

Claimant John McCauley sought permanent total disability benefits from the Multiple Injury Trust Fund for three separately adjudicated cumulative trauma injuries. The Workers' Compensation Court found Claimant was a physically impaired person and awarded him permanent total disability benefits against the Fund. The Fund appealed, and the Court of Civil Appeals affirmed but for different reasons. Upon review, the Supreme Court held that a person who has a disability resulting from separately adjudicated injuries arising at the same time was a physically impaired person by statutory definition. The Court also concluded that the date of last exposure to the separately adjudicated but simultaneously occurring cumulative trauma injuries was the date to be used in fixing the Fund's liability. View "Multiple Injury Fund v. McCauley" on Justia Law