EX PARTE HAGAN

1901821.

607 So.2d 219 (1992)

Ex parte James E. HAGAN. (Re The SECOND INJURY TRUST FUND v. James E. HAGAN).

Supreme Court of Alabama.

April 10, 1992.


Attorney(s) appearing for the Case

Gordon K. Howell and E. Tatum Turner of Turner, Onderdonk, Kimbrough & Howell, P.A., Chatom, for petitioner.

George Cocoris, Gen. Counsel, and Craig A. Donley, Asst. Counsel, State of Ala., Dept. of Indus. Relations, and Asst. Attys. Gen., for respondent.

Raymond D. Waldrop, Jr. of Smith and Waldrop, Huntsville, amicus curiae in support of petition for certiorari by James E. Hagan.


SHORES, Justice.

The sole issue in this case is whether an employee who suffers a prior non-work related injury and who subsequently suffers an on-the-job injury, the combined effect of which renders the employee permanently and totally disabled, is entitled to contribution from the Second Injury Trust Fund ("SITF") for workmen's compensation benefits.

We adopt the facts as set out in the Court of Civil Appeals' opinion, 607 So.2d 211

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