Supreme Court of Missouri / Jan 10, 2023
Gary M. Weibrecht, Appellant, vs. Treasurer of Missouri as Custodian of Second Injury Fund, Respondent.
Gary Weibrecht appealed the Labor and Industrial Relations Commission's decision affirming an administrative law judge's denial of his claim for Second Injury Fund benefits. Weibrecht sought to reopen the record to submit additional evidence after a Supreme Court opinion clarified the applicable statutory section for his claim. The Missouri Supreme Court affirmed the Commission's decision, holding that the ALJ did not abuse her discretion in denying Weibrecht's post-hearing motions because the statutory language was clear and Weibrecht could have presented alternative arguments at the initial hearing.