Missouri Court of Appeals, Western District / Apr 14, 2020
Treasurer of The State of Missouri-Custodian of The Second Injury Fund vs. Jimmy Mickelberry
Jimmy Mickelberry sought permanent and total disability benefits from the Second Injury Fund after a workplace injury combined with preexisting conditions. The Administrative Law Judge found the Fund liable, and the Labor and Industrial Relations Commission adopted this award. On appeal, the Missouri Court of Appeals, Western District, reversed the Commission's award, holding that the Commission exceeded its statutory authority by reviewing the Fund's facially defective application for review. The Court reinstated the ALJ's original award as the final judgment.