Supreme Court of Missouri / Apr 26, 2022
Christopher Klecka, Appellant, vs. Treasurer of Missouri as Custodian of the Second Injury Fund, Respondent.
Christopher Klecka appealed the Labor and Industrial Relations Commission's decision, which reversed an administrative law judge's award of permanent and total disability benefits from the Second Injury Fund. The Commission found Klecka failed to prove his permanent and total disability resulted from his primary injury combined only with qualifying preexisting disabilities as required by section 287.220.3. The Missouri Supreme Court affirmed, holding that expert opinions improperly considering non-qualifying prior injuries could not establish Fund liability.