Missouri Court of Appeals, Eastern District / Apr 7, 2020
Cherisse Williams, Appellant, vs. Treasurer of Missouri as Custodian of Second Injury Fund, Respondent.
Cherisse Williams appealed the Labor and Industrial Relations Commission's decision affirming an award of permanent partial disability benefits from the Second Injury Fund, arguing she was entitled to permanent total disability benefits. The Commission had found the medical evidence insufficient to establish total disability, despite a vocational expert's testimony. The appellate court reversed and remanded, holding that the Commission misapplied the law by requiring a physician to explicitly state an ultimate conclusion on employability and arbitrarily disregarded uncontroverted expert evidence.