Missouri Court of Appeals, Western District / Oct 8, 2019
Dale Nivens vs. Interstate Brands Corporation
Dale Nivens, an employee, filed a workers' compensation claim and a claim against the Second Injury Fund, alleging permanent total disability from a knee injury combined with preexisting conditions. The Labor and Industrial Relations Commission affirmed an Administrative Law Judge's award finding Nivens permanently and totally disabled, with the Fund liable. On appeal, the Fund challenged the Commission's invocation of the Rule of Necessity and the sufficiency of evidence for permanent total disability. The appellate court affirmed the Commission's award, finding no error in the application of the Rule of Necessity or the determination of permanent total disability.