Missouri Court of Appeals, Eastern District / May 11, 2021
Michael A. Lexow, Appellant, v. Boeing Co., Employer, and Treasurer of Missouri as Custodian of the Second Injury Fund, Respondent.
Michael A. Lexow appealed the Labor and Industrial Relations Commission's decision denying him permanent total disability benefits from the Second Injury Fund. The Commission had reversed an ALJ's award, interpreting Section 287.220.3 to require a single qualifying preexisting disability and to exclude occupational diseases from "compensable injuries." The appellate court reversed the Commission's decision, holding that the statute allows for consideration of all qualifying preexisting disabilities and that occupational diseases are compensable injuries under the statute. The case was remanded for the Commission to make factual findings consistent with this interpretation.