EMPLOYERS COMMERCIAL UNION INS. GROUP v. CHRIST

No. 1576.

513 P.2d 1090 (1973)

EMPLOYERS COMMERCIAL UNION INSURANCE GROUP, a foreign corporation, and the State of Alaska, Appellants, v. James CHRIST, and the Alaska Workmen's Compensation Board, Appellees.

Supreme Court of Alaska.

September 12, 1973.


Attorney(s) appearing for the Case

Charles Hagans, Keith E. Brown, Anchorage, for appellants.

Martin A. Farrell, Jr., of Hahn, Jewell & Farrell, Anchorage, for James Christ.

John E. Havelock, Atty. Gen., Juneau, Charles K. Cranston, Asst. Atty. Gen., Anchorage, for appellee, Alaska Workmen's Compensation Bd.

Before RABINOWITZ, C.J., and CONNOR, ERWIN and BOOCHEVER, JJ.


CONNOR, Justice.

This is a workmen's compensation case in which we are called upon to interpret the statutes pertaining to the second injury fund. The question is whether the absence of an arm is such a pre-existing physical impairment as to entitle the employer, as a matter of law, to reimbursement from the fund.

James Christ lost his arm by amputation in 1937 when he was 20-years old. In 1961 he commenced his employment with the State of Alaska, Division...

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