Missouri Court of Appeals, Eastern District / Oct 26, 2021
Alan Marberry, Appellant, v. Treasurer of Missouri as Custodian of the Second Injury Fund, Respondent.
Alan Marberry appealed the Labor and Industrial Relations Commission's denial of his claim for permanent total disability (PTD) benefits from the Second Injury Fund. The Commission erred by excluding Marberry's right shoulder injury and low back injury from consideration for Fund liability. The appellate court reversed the Commission's decision, holding that both injuries should have been considered under Section 287.220.3, and remanded with instructions to enter an award of PTD benefits for Marberry.