Missouri Court of Appeals, Eastern District / Mar 12, 2019
Nancy Naeter, Appellant, vs. Treasurer of Missouri as Custodian of Second Injury Fund, Respondent.
Nancy Naeter filed a workers' compensation claim against her employer and later added the Second Injury Fund (SIF) as a party, seeking compensation for hearing loss, tinnitus, and Meniere's disease. The Administrative Law Judge and the Labor and Industrial Relations Commission denied the claim against the SIF as time-barred by the statute of limitations. On appeal, Naeter argued the statute of limitations should be calculated from her second amended claim or the settlement stipulation with the employer. The appellate court affirmed the Commission's decision, holding that neither the second amended claim nor the settlement stipulation, given the prior filing of a formal claim, served to extend the statute of limitations for the SIF claim.