Treasurer of Missouri as Custodian of Second Injury Fund Missouri Cases

Mark Walton appealed the Labor and Industrial Relations Commission's decision denying his claim for permanent and total disability benefits from the Second Injury Fund. The Commission found Walton's preexisting left-shoulder injury did not meet the fifty-week permanent partial disability threshold required by §287.220.3. On appeal, Walton argued that a portion of a prior enhanced PPD award should be added to meet this threshold. The appellate court affirmed the Commission's decision, holding that §287.220.3 does not permit using a prior enhanced PPD award to supplement an otherwise non-qualifying injury.

James Swafford appealed the Labor and Industrial Relations Commission's decision denying his claim for permanent total disability benefits from the Second Injury Fund. Swafford argued the Commission disregarded expert testimony establishing a causal relationship between his preexisting disabilities and primary injury. The Missouri Supreme Court affirmed the Commission's decision, holding that Swafford failed to establish his preexisting disabilities "directly and significantly aggravated or accelerated" his primary injury under section 287.220.3(2)(a)a(iii). The Court found the medical evidence presented was insufficient to meet this statutory standard.

Gary Weibrecht appealed the Labor and Industrial Relations Commission's decision affirming an administrative law judge's denial of his claim for Second Injury Fund benefits. Weibrecht sought to reopen the record to submit additional evidence after a Supreme Court opinion clarified the applicable statutory section for his claim. The Missouri Supreme Court affirmed the Commission's decision, holding that the ALJ did not abuse her discretion in denying Weibrecht's post-hearing motions because the statutory language was clear and Weibrecht could have presented alternative arguments at the initial hearing.

Claimant Bruce Krysl appealed the Labor and Industrial Relations Commission's decision reversing an award from the Second Injury Fund. Krysl, who had a primary occupational injury and a preexisting diabetic condition, had his claim initially awarded by an ALJ, which the Commission later reversed. After two prior appeals to this court, the Commission again reversed, finding Krysl failed to establish his diabetes was permanent in degree prior to his primary injury. The appellate court reversed the Commission's decision, holding that Krysl's diabetes was a permanent, lifelong condition, thus satisfying the statutory requirement for recovery from the Second Injury Fund.

Claimant Gary Weibrecht appealed the Labor and Industrial Relations Commission's decision denying his Second Injury Fund benefits. He argued the Administrative Law Judge (ALJ) erred by denying his post-hearing motions to reopen the record and submit additional evidence after a Supreme Court opinion changed the applicable statutory subsection for his claim. The appellate court reversed and remanded, holding that the ALJ had the statutory authority to reopen the record before issuing an award, especially when a change in controlling law provided good cause. The case was sent back for the ALJ to determine the relevance and necessity of the proffered evidence and make further factual findings.

Cherisse Williams appealed the Labor and Industrial Relations Commission's decision affirming an award of permanent partial disability benefits from the Second Injury Fund, arguing she was entitled to permanent total disability benefits. The Commission had found the medical evidence insufficient to establish total disability, despite a vocational expert's testimony. The appellate court reversed and remanded, holding that the Commission misapplied the law by requiring a physician to explicitly state an ultimate conclusion on employability and arbitrarily disregarded uncontroverted expert evidence.

Nancy Naeter filed a workers' compensation claim against her employer and later added the Second Injury Fund (SIF) as a party, seeking compensation for hearing loss, tinnitus, and Meniere's disease. The Administrative Law Judge and the Labor and Industrial Relations Commission denied the claim against the SIF as time-barred by the statute of limitations. On appeal, Naeter argued the statute of limitations should be calculated from her second amended claim or the settlement stipulation with the employer. The appellate court affirmed the Commission's decision, holding that neither the second amended claim nor the settlement stipulation, given the prior filing of a formal claim, served to extend the statute of limitations for the SIF claim.

Jeffrey P. Wetzel appealed the Labor and Industrial Relations Commission's denial of his claim for workers' compensation benefits from the Second Injury Fund. The Commission found Wetzel's preexisting low back disability was not "medically documented" as required by statute, despite medical records from 2017. The appellate court reversed, holding that the Commission legally erred by conflating the requirements for medical documentation and disability rating, and that Exhibit 14 provided sufficient medical documentation. The case was remanded with instructions to award permanent total disability benefits to Wetzel.