Supreme Court of Missouri / Jun 25, 2019
Douglas Cosby, Appellant, vs. Treasurer of the State of Missouri as Custodian of the Second Injury Fund, Respondent.
Douglas Cosby sought permanent partial disability benefits from the Second Injury Fund after a 2014 work injury, arguing his preexisting disabilities from prior injuries entitled him to compensation under section 287.220. The Labor and Industrial Relations Commission denied benefits, finding his claim was barred by a statutory amendment effective January 1, 2014. The Missouri Supreme Court affirmed, holding that section 287.220.3(2) precludes PPD claims against the fund for injuries occurring after January 1, 2014, and that this interpretation does not violate constitutional open courts, due process, or equal protection rights.