Missouri Court of Appeals, Western District / Apr 5, 2022
Robert Schebaum vs. Treasurer of the State of Missouri-Custodian of the Second Injury Fund
Robert Schebaum appealed the Labor and Industrial Relations Commission's denial of permanent total disability benefits from the Second Injury Fund. Schebaum, who had preexisting hearing loss and two work-related knee injuries, argued that his hearing loss should qualify as a preexisting disability or at least be considered in determining his employability. The appellate court affirmed the Commission's decision, holding that Schebaum's hearing loss did not qualify as a preexisting disability under the statute because it did not directly and significantly aggravate or accelerate his subsequent work-related injury. The court further clarified that non-qualifying disabilities cannot be considered when determining permanent total disability for Fund liability.