Employer Can't Use Fund if No Proof of Second Injury

An employer whose employee has suffered two injuries at the same place of employment is eligible for relief from a general second-injury fund, a federal court ruled. In Electric Boat Corp. v. Demartino, 06-2465-ag, 08/01/2007, the U.S. Court of Appeals for the Second Circuit ruled that while the employer did not establish that the claimant had suffered a second injury in this case, the principle still stands. "We write explicitly to establish that an employer is eligible for section 8(f) relief where an employee's pre-existing disability and second injury both arise from the same cour...