Thomas Dubuc Missouri Cases

Thomas Dubuc appealed the Labor and Industrial Relations Commission's denial of Second Injury Fund benefits, challenging its refusal to allow additional discovery and evidence after a prior remand and its finding that he lacked "medically documented" preexisting disabilities. The Missouri Supreme Court affirmed the Commission's decision. The Court held that the prior remand did not require additional evidence and that Dubuc's self-reported medical history was insufficient to meet the "medically documented" requirement under section 287.220.3. It also found that generic expert testimony did not establish that his preexisting disabilities directly and significantly aggravated his primary injury.

Thomas Dubuc appealed the Labor and Industrial Relations Commission's denial of Second Injury Fund benefits, which occurred on remand from a prior appeal. The Commission had denied Dubuc's motion for additional discovery and evidence, interpreting the prior remand as limiting its review to the existing record, and found his preexisting disabilities were not "medically documented" under section 287.220.3. The appellate court reversed and remanded, holding that its prior mandate did not restrict the Commission to the existing record, and denying additional evidence was an abuse of discretion given a significant change in the law. The court also found the Commission erred in its interpretation of "medically documented," clarifying that self-reported medical history in records can satisfy this requirement.

Thomas Dubuc sought permanent total disability benefits from the Second Injury Fund following a workplace injury, combined with preexisting disabilities. The Labor and Industrial Relations Commission found the Fund liable, applying section 287.220.2. The Second Injury Fund appealed, arguing the Commission erroneously applied the law. The appellate court reversed and remanded, holding that section 287.220.3, not 287.220.2, applied because Dubuc's work injury occurred after January 1, 2014, and clarified that Cosby is controlling precedent for all permanent disability claims.