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SPECIAL INDEM. FUND v. CARSON

No. 78320.

852 P.2d 157 (1993)

SPECIAL INDEMNITY FUND, Petitioner, v. Leroy R. CARSON, and the Workers' Compensation Court, Respondents.

Supreme Court of Oklahoma.

May 11, 1993.

Attorney(s) appearing for the Case

State Ins. Fund by David Custar, Oklahoma City, for petitioner.

Boettcher and Brune by Fred L. Boettcher and Walt Brune, Ponca City, for respondents.

HODGES, Chief Justice.

The dispositive issue in this case is whether a finding pursuant to J.C. Penney Co. v. Crumby, 584 P.2d 1325 (Okla. 1978) (Crumby finding), that the claimant had a pre-existing disability at the time of the award of workers' compensation disability is a previous adjudication under Okla. Stat. tit. 85, §§ 171-72 (1991), so as to bestow jurisdiction on the Workers' Compensation Court and...

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