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SPECIAL INDEMNITY FUND v. LEE

No. 47464.

550 P.2d 568 (1976)

SPECIAL INDEMNITY FUND, Petitioner, v. David Earle LEE and the State Industrial Court, Respondents.

Supreme Court of Oklahoma.

As Amended May 5, 1976.

Rehearing Denied June 8, 1976.

Attorney(s) appearing for the Case

Sam Hill, Mary Elizabeth Cox, Oklahoma City, for petitioner.

E.W. Keller, Keller & Fernald, Oklahoma City, for respondent, David Earle Lee.

LAVENDER, Justice:

Petitioner, hereafter designated the Fund, brings this proceeding for review to vacate a State Industrial Court en banc order, which modified a trial judge's order, fixing the amount of deduction from award for total disability by reason of claimant's prior physical impairment. The only issue presents a question of the correct deduction to be made for that disability that constituted an injured workman a physically impaired person under 85 O.S....

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