Missouri Court of Appeals, Eastern District / Apr 6, 2021
John D. Matthews, Appellant, v. Treasurer of Missouri as Custodian of the Second Injury Fund, Respondent.
Lisa Matthews appealed the Labor and Industrial Relations Commission's dismissal of her motion to be substituted as a party in her late husband's workers' compensation case. She sought to receive his permanent total disability benefits from the Second Injury Fund as a surviving dependent. The Commission dismissed for lack of jurisdiction because the final award did not establish her dependency at the time of the injury. The appellate court affirmed, holding that the final award's mere mention of marriage was insufficient to establish dependency as a matter of law, thus depriving the Commission of authority to grant relief.