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Chornister-Ozbirn v. Multiple Injury Trust Fund9/28/2001
ed disabilities. (Emphasis added).
It is apparent that the emphasized language refers to combining the disability which made the employee a "physically impaired person" with the disability resulting from the most recent compensable injury .
Other language in this same subsection supports the conclusion that only pre-existing disability which would make the employee a "physically impaired person" may be considered in determining Fund''s liability. The subsection provides:
If such combined disabilities constitute partial permanent disability as now defined by the Workers'' Compensation Act of this state, then such employee shall receive full compensation as now provided by law for the disability resulting directly and specifically from such subsequent injury , and in addition thereto such employee shall receive a full compensation for his combined disability as above defined, after deducting therefrom the percent of that disability that constituted the employee a "physically impaired person." (Emphasis added).
Having due regard for the Legislature''s chosen language, we hold that any disability in existence on the date of the most recent compensable injury which would not make the employee a "physically impaired person" as defined in ยง 171 may not be considered in determining Fund''s liability. Having so concluded, we must sustain the trial court''s order.
SUSTAINED
JONES, J., and JOPLIN, J., concur.
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