State of Missouri, Second Injury Fund Missouri Cases

John Tippit appealed the Labor and Industrial Relations Commission's decision to dismiss his application for review as untimely, which stemmed from an Administrative Law Judge's dismissal of his workers' compensation claim against the Second Injury Fund for failure to prosecute. The appellate court reversed the Commission's finding that Tippit's application was untimely. It held that the Division of Workers' Compensation failed to prove it properly mailed the Order of Dismissal in compliance with statutory notice requirements, thus the 20-day period for filing an application for review never began to run. The case was remanded to the Commission to determine whether Tippit had good cause for failing to respond to the show-cause notice and for failing to prosecute his claim.

Patrick Ryan appealed the Labor and Industrial Relations Commission's decision denying his claim against the Second Injury Fund for permanent total disability benefits. The appeal centered on whether prior enhanced permanent partial disability awards should be considered in meeting the 50-week statutory threshold and as a direct result of a compensable injury under § 287.220.3. The appellate court reversed the Commission's decision, holding that enhanced PPD benefits from a prior work-related injury should be considered for both the 50-week threshold and as a direct result of a compensable injury. The case was remanded with instructions to grant Ryan PTD benefits from the Fund.

Keith Lewis appealed the Labor and Industrial Relations Commission's decision dismissing his application for review of an Administrative Law Judge's dismissal of his workers' compensation claim against the Second Injury Fund. The appellate court found that Lewis's brief failed to substantially comply with Rule 84.04, which governs appellate briefing requirements. Consequently, the court dismissed the appeal, holding that nothing was preserved for appellate review due to the briefing deficiencies.

Mary Kay Hazeltine appealed the Labor and Industrial Relations Commission's denial of her claim against the Second Injury Fund for permanent total disability benefits. Hazeltine contended the Commission erred in finding she lacked preexisting permanent disabilities that hindered employment and failed to prove the nature and extent of these disabilities, or their combination with her work injury resulted in permanent total disability. The appellate court reversed and remanded, finding the Commission's award was not supported by sufficient competent evidence and that it erred in disregarding Hazeltine's testimony and expert opinions without a reasonable basis.