As used in this article, the term:
(1) "Merger of an injury with a preexisting permanent impairment" describes or means that:
(A) Had the preexisting permanent impairment not been present, the subsequent injury would not have occurred;
(B) The disability resulting from the subsequent injury in conjunction with the preexisting permanent impairment is materially, substantially, and cumulatively greater than that which would have resulted had the preexisting permanent impairment not been present, and the employer has been required to pay and has paid compensation for that greater disability; or
(C) Death would not have been accelerated had the preexisting permanent impairment not been present.
(2) "Permanent impairment" means any permanent condition due to previous injury, disease, or disorder which is, or is likely to be, a hindrance or obstacle to employment or to obtaining reemployment if the employee should become unemployed.
Section: 34-9-350 34-9-351 34-9-351.1 34-9-352 34-9-353 34-9-354 34-9-355 34-9-356 34-9-357 34-9-358 34-9-359 34-9-360 34-9-361 34-9-362 34-9-363 NextLast modified: October 14, 2016