Missouri Court of Appeals, Southern District / Oct 6, 2020
RICK HUNSAKER, Claimant-Appellant v. TREASURER OF THE STATE OF MISSOURI - CUSTODIAN OF THE SECOND INJURY FUND, Respondent
Rick Hunsaker (Employee) appealed the Labor and Industrial Relations Commission's decision that his claim against the Second Injury Fund (SIF) was time-barred. The Commission found that Hunsaker's amended claim was not timely filed under § 287.430. The appellate court affirmed, holding that a settlement with the employer did not restart the statute of limitations for the SIF claim because a formal claim had already been filed. The court also determined that Hunsaker's constitutional challenges were merely colorable, thus not invoking the Supreme Court's exclusive jurisdiction.