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BRADY v. STATE, WORKER'S COMP. SECOND INJURY BD.

No. 90-880.

594 So.2d 1045 (1992)

Edward E. BRADY, et al., Plaintiffs-Appellants, v. STATE of Louisiana WORKER'S COMPENSATION SECOND INJURY BOARD, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied April 20, 1992.

Attorney(s) appearing for the Case

Sutherland, Juge, Horack & Dwyer, Denis P. Juge, Thomas M. Ruli, New Orleans, for plaintiffs/appellants.

Marcia E. Avery, Asst. Atty. Gen., Baton Rouge, for defendant/appellee.

Before DOMENGEAUX, C.J., STOKER, J., and MARCANTEL, J. Pro Tem.

BERNARD N. MARCANTEL, Judge Pro. Tem.

The sole issue presented by this appeal is whether a statutory employer can be imputed with the knowledge that an immediate employer has of a preexisting disability of an employee so as to qualify for reimbursement from the Second Injury Fund.

On May 17, 1989, Edward E. Brady (hereinafter plaintiff) and Commercial Union Insurance Company (hereinafter Commercial Union) filed a Petition for Appeal of Determination of Louisiana...

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