Missouri Court of Appeals, Southern District / May 7, 2024
DAVID CASEY, Claimant-Appellant v. MISSOURI STATE TREASURER as CUSTODIAN of the SECOND INJURY FUND, Additional Party-Respondent
David Casey appealed the Labor and Industrial Relations Commission's decision, which reversed an Administrative Law Judge's award of permanent total disability (PTD) benefits from the Second Injury Fund (SIF). Casey argued the Commission erred in denying PTD benefits by misinterpreting the 50-week threshold for combining preexisting disabilities and by failing to consider expert opinions. The appellate court affirmed the Commission's denial, finding that the issue of combining multiple disabilities was moot because one preexisting disability met the 50-week threshold, and upholding the Commission's credibility determination regarding the combination of the qualifying right-knee disability and the primary injury.