simply as a delaying tactic, the Fund’s Princ ipal Counsel may agree to allow the Fund to be impleaded on appeal and let the trial go forward (without a remand) by agreeing to abide by the decision of the Court or jury. III . DEFENSES AVAILABLE TO THE SUBSEQUENT INJURY FUND The Fund has several defenses that may mitigate or eliminate its liability. The two most important defenses are Compton and Thomas . The Forrester one sentence explanation: Compton : The Claimant can be permanently and totally disabled due to the accident alone despite any pre-existing. Thomas : There is no compensation due from anyone for a deterioration of a pre-existing condition that occurred after the date of the accident (and unrelated to the accident) or for a new condition that arose after the accident (and unrelated to the accident). The Compton defense is based on the cases of Subsequent Injury Fund v. Compton , 28 Md. 526, 346 A.2d, 475 (1975), Aff’d sub nom and Anchor Motor Freight Inc. v. Subsequent Injury Fund, 278 Md. 320, 363 A.2d 505 (1976). In Compton , the Claimant injured his left ankle, left shoulder and arm in the ACCIDENTAL INJURY. The first hearing resulted in an award of 80% overall disability with 52% due to the accident and 28% due to pre-existing conditions. No appeal was filed. The Claimant subsequently reopened his case alleging a worsening of condition. The Commission passed an award finding that the Claimant was permanently and totally disabled solely as a result of the accidental injury. The surprised employer/insurer appealed the decision on the grounds that the Claimant could not be permanently and totally disabled from the accident alone because the Commission had already found that 28% of the disability pre-existed that accident. The employer/insurer argued that their maximum liability was 72%. The Court of Special Appeals ruled that a Claimant can be permanently and totally disabled as a result of an accident alone even if the Claimant had a pre-existing disability. The Court stated, "In the
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