Missouri Court of Appeals, Western District / Jan 8, 2025
Robert Balliu vs. Treasurer of the State of Missouri - Custodian of the Second Injury Fund
Robert Balliu appealed the Missouri Labor and Industrial Relations Commission's decision, which denied his claim for worker's compensation from the Second Injury Fund (SIF) for a 2015 work-related injury. Balliu contended that a prior 1999 hernia combined with his 2015 injury to cause permanent total disability, making the SIF liable. The appellate court affirmed the Commission's decision, holding that the SIF is not liable when the primary injury alone, not in combination with a preexisting disability, results in permanent total disability, and found the Commission's factual findings were supported by sufficient evidence.