Missouri Court of Appeals, Eastern District / Mar 18, 2025
Jerry Thomas, Appellant, vs. Collins & Hermann, Inc., and State of Missouri, Second Injury Fund, Respondents.
Jerry Thomas appealed the Labor and Industrial Relations Commission's decision reversing an award of permanent and total disability benefits against the Second Injury Fund. Thomas argued his prior right knee disability was a compensable injury, his prior knee disabilities met the 50-week threshold, and denying benefits left him without a remedy. The appellate court affirmed the Commission, holding that Thomas failed to prove his right knee injury was a compensable injury and that his "without a remedy" argument was unpreserved for review.