Missouri Court of Appeals, Eastern District / May 27, 2025
Jeremy Jarvis, Appellant, v. Treasurer of the State of Missouri - Custodian of the Second Injury Fund, Respondent.
Jeremy Jarvis appealed the Labor and Industrial Relations Commission's denial of his claim against the Second Injury Fund. Jarvis, an iron worker, sustained a primary work injury in 2015, which he argued, when combined with preexisting disabilities, rendered him permanently and totally disabled. The Commission denied benefits, finding that one of Jarvis's three preexisting disabilities did not meet the statutory fifty-week permanent partial disability threshold. The appellate court affirmed, holding that the Commission did not err in its application of the law or in finding its decision supported by competent and substantial evidence, as a claimant cannot rely on a non-qualifying preexisting disability for Fund benefits.