An electric company worker who fell in 1968 and aggravated his injury in a 2014 incident that resulted in an amputation had attempted to force the wrong insurer to pay for workers compensation stemming from the earlier injury, according to a North Carolina appeals court ruling issued Tuesday.

In 1968, Charles King fell 30 feet from a transmission tower while working for Pike Electric Corp., injuring his legs and pelvis and developing chronic leg problems. Comp insurer Fireman's Insurance Co. of Newark, New Jersey, paid plaintiff's medical expenses. He returned to work in 1970 and continued his employment until 2014, when he was injured again, resulting in an amputation of his right leg under the knee, according to documents in No. COA18-440, filed with the Court of Appeals of North Carolina in Raleigh.

He subsequently filed notice of the injuries alleging that, in addition to the current fracture of his ankle and foot, the 2014 injury aggravated a pre-existing condition from the 1968 injury. Liberty Mutual Insurance Co. denied the 2014 claims, alleging "no causal relationship" between the 2014 injury and the aggravated 1968 injury, records state.

Mr. King then filed two requests for a hearing: one for the 2014 injury and one for the aggravation of the 1968 injury. Fireman's Insurance was listed as the insurer on plaintiff's request for the aggravated 1968 claim. However, service was directed to Fireman's Fund (Insurance Co.) —"an entity wholly separate and distinct from Fireman's Insurance. As a result, Fireman's Fund was mistakenly made a party to the action,” records state.

Fireman’s Fund requested a dismissal, which was granted by the state Workers’ Compensation Commission and affirmed in Tuesday’s ruling, which revealed that Fireman’s Insurance — now doing business as Continental Insurance Co. — went on to accept the claim.

“The record reflects that since defendant Fireman's Fund's removal from the action(,) plaintiff reached a compromise settlement agreement with the proper party, Fireman's Insurance, who agreed to compensate plaintiff for his injuries,” the ruling states. “The agreement, which also included Liberty Mutual and defendant-employer Pike Electric, was approved by the Commission.”

Attorneys for Mr. King, the co-defendants, the employer and most of the insurers could not be immediately reached for comment. A spokesman for Liberty Mutual said the company does not comment on litigation.