Diana Penney Missouri Cases

Diana Penney sought permanent total disability benefits from the Second Injury Fund, claiming her primary occupational injury combined with two preexisting occupational diseases rendered her permanently disabled. The Labor and Industrial Relations Commission awarded benefits, but the Second Injury Fund appealed. The Missouri Supreme Court reversed, holding that preexisting occupational diseases do not qualify as "compensable injuries as defined in section 287.020" under the relevant Second Injury Fund statute, thus precluding Penney's claim for benefits.

Diana Penney, a pharmacy technician, was awarded permanent total disability benefits from the Second Injury Fund due to a combination of three work-related occupational diseases. The Fund appealed the Labor and Industrial Relations Commission's award, contending that preexisting compensable occupational diseases do not satisfy the statutory requirements for Fund liability under Section 287.220.3(2)(a)a(ii). The appellate court affirmed the Commission's decision, holding that Section 287.020's definition of "injury" encompasses occupational diseases as provided for in Chapter 287, specifically Section 287.067.