Title 34, Chapter 9, Section 361
( 34-9-361)
It shall be incumbent upon the employer to establish that the
employer had reached an informed conclusion prior to the occurrence
of the subsequent injury or occupational disease that the
preexisting impairment is permanent and is likely to be a hindrance
or obstacle to employment or reemployment. Where, however, the
employer establishes knowledge of the preexisting permanent
impairment prior to the subsequent injury, there shall be a
presumption that the employer considered the condition to be
permanent and to be, or likely to be, a hindrance or obstacle to
employment where the condition is one of the following: (1) Epilepsy; (2) Diabetes; (3) Arthritis which is an obstacle or hindrance to employment or
reemployment; (4) Amputated foot, leg, arm, or hand; (5) Loss of sight of one or both eyes or a partial loss of
uncorrected vision of more than 75 percent bilaterally; (6) Residual disability from poliomyelitis; (7) Cerebral palsy; (8) Multiple sclerosis; (9) Parkinson's disease; (10) Cardiovascular disorders; (11) Tuberculosis; (12) Mental retardation, provided the employee's intelligence
quotient is such that he falls within the lowest 2 percent of the
general population; provided, however, that it shall not be
necessary for the employer to know the employee's actual
intelligence quotient or actual relative ranking in relation to
the intelligence quotient of the general population; (13) Psychoneurotic disability following confinement for treatment
in a recognized medical or mental institution for a period in
excess of six months; (14) Hemophilia; (15) Sickle cell anemia; (16) Chronic osteomyelitis; (17) Ankylosis of major weight-bearing joints; (18) Hyperinsulism; (19) Muscular dystrophy; (20) Total occupational loss of hearing as defined in Code Section 34-9-264; (21) Compressed air sequelae; (22) Ruptured intervertebral disc; or (23) Any permanent condition which, prior to the occurrence of the
subsequent injury, constitutes a 20 percent impairment of a foot,
leg, hand, or arm, or of the body as a whole. |