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SECOND INJURY FUND v. MICH COAL COMPANY

No. 61508.

274 N.W.2d 300 (1979)

SECOND INJURY FUND, Appellee, v. MICH COAL COMPANY and the Travelers, Appellants, and Steve Earl Lewis and the Iowa Industrial Commissioner, Respondents.

Supreme Court of Iowa.

January 24, 1979.

Attorney(s) appearing for the Case

John N. Moreland, Ottumwa, for appellants.

Richard C. Turner, Atty. Gen. and Lee M. Jackwig, Asst. Atty. Gen., for appellee.

Considered by REES, P. J., and McCORMICK, ALLBEE, McGIVERIN and LARSON, JJ.

McGIVERIN, Justice.

The question presented in this appeal involves the degree of disability resulting from a "second injury" suffered by claimant Steve Earl Lewis. In 1963 Lewis sustained an injury to his left leg and received workers' compensation. Subsequently, in 1972, Lewis suffered a "second injury" mainly to his right leg. Under § 85.64, The Code, his employer is only liable for the disability resulting from the second injury. The state Second Injury Fund...

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