Court Clarifies Special Compensation Fund's Liability for Workers With Preexisting Disability

The Intermediate Court of Appeals of Hawaii ruled that the state’s Special Compensation Fund is not liable for permanent partial disability benefits if a worker’s preexisting condition didn't cause a loss or impairment of a physical or mental function before the compensable accident. "We hold that SCF is not liable for PPD benefits if an employee's preexisting ‘condition’ did not cause a ‘disability’ — that is, ‘loss or impairment of a physical or mental function’ — before the employee's work accident," the...