Subsequent permanent injuries; aggravation; awards
Sec. 12. If an employee has sustained a permanent injury either in
another employment, or from other cause or causes than the
employment in which he received a subsequent permanent injury by
accident, such as specified in section 31, he shall be entitled to
compensation for the subsequent permanent injury in the same
amount as if the previous injury had not occurred: Provided,
however, That if the permanent injury for which compensation is
claimed, results only in the aggravation or increase of a previously
sustained permanent injury or physical condition, regardless of the
source or cause of such previously sustained injury or physical
condition, the board shall determine the extent of the previously
sustained permanent injury or physical condition, as well as the
extent of the aggravation or increase resulting from the subsequent
permanent injury, and shall award compensation only for that part of
such injury, or physical condition resulting from the subsequent
permanent injury. Provided further, however, That amputation of any
part of the body or loss of any or all of the vision of one or both eyes
shall be considered as a permanent injury or physical condition.
(Formerly: Acts 1929, c.172, s.33; Acts 1945, c.284, s.2.)
Last modified: May 27, 2006