Missouri Court of Appeals, Eastern District / Nov 12, 2019
James Schlereth, Appellant, vs. Aramark Uniform Services, Inc., and Treasurer of the State of Missouri, Second Injury Fund, Respondents.
James Schlereth appealed the Labor and Industrial Relations Commission's denial of his claim for permanent total disability against Aramark Uniform Services, Inc. and the Second Injury Fund. Schlereth contended the Commission erred in denying his claim because its findings did not support the award and were not supported by sufficient competent evidence, specifically regarding causation of his tinnitus. The appellate court affirmed the Commission's award, finding that while the Commission's statement of "no evidence" of causation was erroneous, there was sufficient competent evidence to support the ultimate finding that the work-related accident was not the prevailing factor in causing Schlereth's tinnitus.