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MASONITE CORP. v. MITCHELL

No. CA 85-248.

699 S.W.2d 409 (1985)

16 Ark.App. 209

MASONITE CORPORATION and Wausau Insurance Companies, Appellants, v. Albert MITCHELL and State Treasurer, Second Injury Fund, Appellees.

Court of Appeals of Arkansas, Div. I.

November 27, 1985.

Attorney(s) appearing for the Case

Anderson & Kilpatrick by Joseph E. Kilpatrick, Jr., Little Rock, for appellant.

Whetstone & Whetstone by Zan Davis, David L. Pake, Little Rock, for appellee.

CRACRAFT, Judge.

The Masonite Corporation appeals from a determination of the Arkansas Workers' Compensation Commission that the permanent total disability sustained by Albert Mitchell was not subject to apportionment pursuant to Ark.Stat.Ann. § 81-1313(i) (Supp.1985) and in awarding an attorney's fee. We find no error.

In a hearing before the Commission Mitchell claimed that he was totally and permanently disabled as a result of a scheduled injury for...

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