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In re CNA Insurnace Companies

12/30/1998

disc injury."


Although Emmons now suffers from a permanent impairment, there was no evidence presented which indicated that the first injury resulted in a permanent impairment, a prerequisite for fund reimbursement. See RSA 281:47-a, I. Further, although Harris Graphics had documentary evidence of Emmons' first injury when Emmons was retained, the record does not indicate that Harris Graphics had any documentary evidence showing that it knew of Emmons' first impairment until near the time that Emmons' employment was terminated. Accordingly, we remand for a new hearing to determine whether: (1) Emmons' April 1985 injury resulted in a permanent impairment, see id., and (2) whether Harris Graphics has documentary evidence showing that it knew of Emmons' permanent impairment at any point before Emmons sustained his second injury, see RSA 281:47-a, III.


Reversed and remanded.


All concurred.




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