{"disclaimer":"This is a summary of public court records and is not legal advice. Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"robert-schebaum","displayName":"Robert Schebaum","totalCases":1},"cases":[{"caseId":"moappwd:wd84765:2022-04-05","opinionId":"c918ceb1-9eea-59e0-8ad3-99e62045a747","slug":"robert-schebaum-v-treasurer-of-the-state-of-missouri-custodian-of-the-sec-d84765","caseName":"Robert Schebaum\nvs. \nTreasurer of the State of Missouri-Custodian of the Second Injury Fund","caseNumber":"WD84765","court":"moappwd","courtLabel":"Missouri Court of Appeals, Western District","decisionDate":"2022-04-05","year":2022,"display_summary":"Robert Schebaum appealed the Labor and Industrial Relations Commission's denial of permanent total disability benefits from the Second Injury Fund. Schebaum, who had preexisting hearing loss and two work-related knee injuries, argued that his hearing loss should qualify as a preexisting disability or at least be considered in determining his employability. The appellate court affirmed the Commission's decision, holding that Schebaum's hearing loss did not qualify as a preexisting disability under the statute because it did not directly and significantly aggravate or accelerate his subsequent work-related injury. The court further clarified that non-qualifying disabilities cannot be considered when determining permanent total disability for Fund liability.","primaryTopic":"workers-compensation","topicSlugs":["workers-compensation","standard-of-review","administrative-law","appellate-procedure"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=185876","detailUrl":"https://ott.law/missouri-courts/opinions/robert-schebaum-v-treasurer-of-the-state-of-missouri-custodian-of-the-sec-d84765","relatedPracticeAreas":[{"slug":"personal-injury","label":"Personal Injury","href":"/practice-areas/personal-injury","score":20,"source":"tag","url":"https://ott.law/practice-areas/personal-injury"},{"slug":"workers-compensation","label":"Workers' Compensation","href":"/practice-areas/workers-compensation","score":12,"source":"topic","url":"https://ott.law/practice-areas/workers-compensation"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","url":"https://ott.law/practice-areas/litigation"}],"role":"appellant"}]}