Missouri Court of Appeals, Southern District / Jun 26, 2020
JAMES ATCHISON, Claimant-Respondent vs. MISSOURI STATE TREASURER, CUSTODIAN OF THE 2ND INJURY FUND, Respondent-Appellant
The Missouri State Treasurer, as custodian of the Second Injury Fund, appealed an award of benefits to James Atchison by the Labor and Industrial Relations Commission. The Treasurer argued that Atchison failed to prove a preexisting disability serious enough to hinder employment, specifically contending that the preexisting disability was not symptomatic and thus not compensable. The appellate court affirmed the Commission's award, holding that the relevant statute does not require a preexisting injury to be symptomatic for Second Injury Fund liability in permanent total disability cases.