Missouri Court of Appeals, Eastern District / Feb 22, 2022
Claimant Bruce Krysl appealed the Labor and Industrial Relations Commission's decision reversing an award from the Second Injury Fund. Krysl, who had a primary occupational injury and a preexisting diabetic condition, had his claim initially awarded by an ALJ, which the Commission later reversed. After two prior appeals to this court, the Commission again reversed, finding Krysl failed to establish his diabetes was permanent in degree prior to his primary injury. The appellate court reversed the Commission's decision, holding that Krysl's diabetes was a permanent, lifelong condition, thus satisfying the statutory requirement for recovery from the Second Injury Fund.
Missouri Court of Appeals, Eastern District / Dec 22, 2020
Bruce Krysl sought permanent partial disability benefits from the Second Injury Fund. In a prior appeal (Krysl I), the appellate court reversed the Commission's decision and instructed it to reinstate the ALJ's award, without the Commission having addressed the permanency of Krysl's preexisting disability. On this second appeal, the Fund argued the Commission misinterpreted the mandate and that the mandate itself was erroneous. The appellate court found the Commission correctly followed the specific mandate but, sua sponte, determined its own prior mandate in Krysl I was erroneous due to inadequate briefing and would cause manifest injustice by denying the Fund due process. The court remanded the case to the Commission to consider the Fund's challenge to the permanency of Krysl's preexisting disability.
Missouri Court of Appeals, Eastern District / Oct 1, 2019
Bruce Krysl, a sculptor, suffered an occupational injury (carpal tunnel syndrome) on January 1, 2013, and filed a claim against the Second Injury Fund in 2016. The Labor and Industrial Relations Commission denied compensation, concluding his claim was precluded by Section 287.220.3(1) because it was filed after January 1, 2014. The Court of Appeals reversed the Commission's decision, holding that Section 287.220.2 governs claims for injuries occurring prior to January 1, 2014, regardless of the filing date. The case was remanded with instructions to reinstate the ALJ's award of permanent partial disability benefits.