Missouri Court of Appeals, Southern District / Mar 20, 2025
MARK WALTON, Appellant v. TREASURER OF MISSOURI AS CUSTODIAN OF SECOND INJURY FUND, Respondent
Mark Walton appealed the Labor and Industrial Relations Commission's decision denying his claim for permanent and total disability benefits from the Second Injury Fund. The Commission found Walton's preexisting left-shoulder injury did not meet the fifty-week permanent partial disability threshold required by §287.220.3. On appeal, Walton argued that a portion of a prior enhanced PPD award should be added to meet this threshold. The appellate court affirmed the Commission's decision, holding that §287.220.3 does not permit using a prior enhanced PPD award to supplement an otherwise non-qualifying injury.