Missouri Court of Appeals, Southern District / Jun 25, 2021
GREGORY PHELPS, Appellant vs. MISSOURI STATE TREASURER AS CUSTODIAN OF THE SECOND INJURY FUND, Respondent
Gregory Phelps appealed the Labor and Industrial Relations Commission's denial of his workers' compensation claim for permanent total disability benefits from the Second Injury Fund. Phelps argued the Commission misinterpreted and misapplied section 287.220.3 regarding qualifying preexisting disabilities. The appellate court affirmed the Commission's award, finding no error in its interpretation of the statutory requirements for a compensable preexisting injury or the definition of "the opposite extremity." The court also found Phelps's third point regarding the combination of injuries to be moot.