is therefore important to obtain all medical records concerning the potentially serious pre-existing conditions. From a Claimant's perspective, it is imperative that an attorney or paralegal interview the Claimant thoroughly before issues are filed impleading the Fund. An interview can uncover issues that may affect both the case and its presentation. Avoid the situation where your client cannot hear you on the stand because he or she forgot their hear ing aids and you don’t have a hearing loss rating. When the Fund is surprised by new impairments at a hearing, a continuance of the proceeding will be granted. It is impossible for the Fund to defend its case without knowledge of a condition. In the same vein, most Commissioners will not consider a pre-existing condition without an impairment rating of the condition. The Commissioner cannot consider disability percentages unless a doctor has evaluated each specific pre-existing condition. The doctor should be the appropriate specialist for each condition. For example, an orthopedist should not render an opinion about a pre-existing learning disability or depression. The Claimant should keep in mind that all prior impairments do not translate into prior disa bilities. The hindrance requirement of the statute embodies this principle, as does the basic difference between impairment and disability. V. DEATH CLAIMS AND THE SUBSEQUENT INJURY FUND Section 9-803 states, in pertinent part, that if an injury results in the death of an employee and if the death is found to be due in part to pre-existing conditions, the Commission shall determine the proportion of such death that is reasonably due to the accidental injury and the proportion that is due to the pre-existing condition. The employer/insurer are responsible for compensation payable for the portion due to the accident and the Fund is responsible for the portion due to pre-existing conditions. Death cases involving the Fund differ from disability cases in three significant ways. First, the only pre-existing conditions that are relevant are those that contributed to the death. These cases usually
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