Title 34, Chapter 9, Section 351
( 34-9-351)
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. |