Supreme Court of Missouri / Jan 10, 2023
James Swafford, Appellant, vs. Treasurer of Missouri as Custodian of Second Injury Fund, Respondent.
James Swafford appealed the Labor and Industrial Relations Commission's decision denying his claim for permanent total disability benefits from the Second Injury Fund. Swafford argued the Commission disregarded expert testimony establishing a causal relationship between his preexisting disabilities and primary injury. The Missouri Supreme Court affirmed the Commission's decision, holding that Swafford failed to establish his preexisting disabilities "directly and significantly aggravated or accelerated" his primary injury under section 287.220.3(2)(a)a(iii). The Court found the medical evidence presented was insufficient to meet this statutory standard.