An award for permanent total disability in one claim does not bar permanent partial disability in another, so long as the injuries affect different areas of the body. State ex rel. Consolidation Coal Co. v. Indus. Comm. (1980),
There must be a connection between disability and a claim in which compensation is paid. Fox v. Indus. Comm. (1955),
The commission’s present order is not ambiguous — it expressly assigned one hundred percent of the cost to a single claim. It could just as easily have designated a fifty-fifty split (or any other combination) between the claims but it did not. Therefore, where the commission allocates one hundred percent of an award’s costs to a single claim, it must be assumed that the commission found the claim to be the sole cause of the claimant’s permanent total disability. The commission thus abused its discretion in dismissing claimant’s application for compensation for permanent partial disability in claim No. PE2677033.
Accordingly, the judgment of the court of appeals is affirmed.
Judgment affirmed.
