Treasurer of Missouri as Custodian of the Second Injury Fund Missouri Cases

James Eckardt appealed the Labor and Industrial Relations Commission's denial of permanent total disability (PTD) benefits from the Second Injury Fund. Eckardt argued the Commission misconstrued evidence regarding his right shoulder injury and erred by not applying a load factor to enhance its permanent partial disability (PPD) rating. The Court affirmed the Commission's decision, holding that the load factor analysis was eliminated by statutory amendments and that Eckardt failed to prove PTD based solely on qualifying preexisting injuries.

Claimant James Eckardt appealed the Labor and Industrial Relations Commission's denial of Second Injury Fund benefits for his permanent total disability from multiple work injuries. The Fund cross-appealed the inclusion of his occupational disease in the award. The appellate court reversed the denial of Fund benefits, finding the Commission erred by misinterpreting the relevant statute and precedent regarding non-qualifying disabilities. The court affirmed the Commission's determination that occupational diseases, specifically carpal tunnel syndrome, qualify as preexisting compensable injuries under the Second Injury Fund statute.

Christopher Klecka appealed the Labor and Industrial Relations Commission's decision, which reversed an administrative law judge's award of permanent and total disability benefits from the Second Injury Fund. The Commission found Klecka failed to prove his permanent and total disability resulted from his primary injury combined only with qualifying preexisting disabilities as required by section 287.220.3. The Missouri Supreme Court affirmed, holding that expert opinions improperly considering non-qualifying prior injuries could not establish Fund liability.

James Chambers sought permanent total disability benefits from the Second Injury Fund after a 2015 work accident, claiming he was unemployable. The Labor and Industrial Relations Commission found him employable and not permanently and totally disabled, denying benefits. The appellate court affirmed the Commission's decision, holding that Chambers failed to meet his burden of proof and that abundant evidence supported the finding that he was able to compete in the open labor market.

Alan Marberry appealed the Labor and Industrial Relations Commission's denial of his claim for permanent total disability (PTD) benefits from the Second Injury Fund. The Commission erred by excluding Marberry's right shoulder injury and low back injury from consideration for Fund liability. The appellate court reversed the Commission's decision, holding that both injuries should have been considered under Section 287.220.3, and remanded with instructions to enter an award of PTD benefits for Marberry.

Claimant Jimmy Fields appealed the Labor and Industrial Relations Commission's denial of workers' compensation benefits from the Second Injury Fund for permanent total disability (PTD) due to hearing loss and permanent partial disability (PPD) for several back injuries. The appellate court affirmed the Commission's denial of PPD benefits for the back injuries and the alternative PTD claim for the last back injury, finding them supported by sufficient evidence. However, the court reversed the Commission's denial of PTD benefits for hearing loss, concluding it was not supported by sufficient competent evidence, and remanded the case for an award of PTD consistent with the opinion.

Lisa Matthews appealed the Labor and Industrial Relations Commission's dismissal of her motion to be substituted as a party in her late husband's workers' compensation case. She sought to receive his permanent total disability benefits from the Second Injury Fund as a surviving dependent. The Commission dismissed for lack of jurisdiction because the final award did not establish her dependency at the time of the injury. The appellate court affirmed, holding that the final award's mere mention of marriage was insufficient to establish dependency as a matter of law, thus depriving the Commission of authority to grant relief.

Bruce Krysl sought permanent partial disability benefits from the Second Injury Fund. In a prior appeal (Krysl I), the appellate court reversed the Commission's decision and instructed it to reinstate the ALJ's award, without the Commission having addressed the permanency of Krysl's preexisting disability. On this second appeal, the Fund argued the Commission misinterpreted the mandate and that the mandate itself was erroneous. The appellate court found the Commission correctly followed the specific mandate but, sua sponte, determined its own prior mandate in Krysl I was erroneous due to inadequate briefing and would cause manifest injustice by denying the Fund due process. The court remanded the case to the Commission to consider the Fund's challenge to the permanency of Krysl's preexisting disability.

John Hager appealed the Labor and Industrial Relations Commission's order affirming the dismissal of his claim against the Second Injury Fund for failure to prosecute. Hager's claim had been pending for many years, with numerous continuances and a prior dismissal that was set aside. The Commission affirmed the ALJ's dismissal, finding Hager's application for review failed to make a prima facie claim for setting aside the dismissal. The appellate court affirmed the Commission's decision, concluding that Hager failed to show good cause for his failure to prosecute.

James Wurth appealed the Labor and Industrial Relations Commission's denial of permanent disability benefits from the Second Injury Fund. Wurth argued the Commission erred in finding him permanently and totally disabled before his 2008 work injury, asserting the decision lacked substantial competent evidence. The appellate court affirmed the Commission's award, deferring to its factual findings that Wurth was unemployable in the open labor market prior to his 2008 injury due to prior conditions and significant employer accommodations.

Bruce Krysl, a sculptor, suffered an occupational injury (carpal tunnel syndrome) on January 1, 2013, and filed a claim against the Second Injury Fund in 2016. The Labor and Industrial Relations Commission denied compensation, concluding his claim was precluded by Section 287.220.3(1) because it was filed after January 1, 2014. The Court of Appeals reversed the Commission's decision, holding that Section 287.220.2 governs claims for injuries occurring prior to January 1, 2014, regardless of the filing date. The case was remanded with instructions to reinstate the ALJ's award of permanent partial disability benefits.

Anthony Easley appealed the Labor and Industrial Relations Commission's decision, which affirmed an administrative law judge's finding that the Second Injury Fund was not liable for permanent and total disability benefits. Easley argued that expert testimony showed he was permanently and totally disabled from a combination of his primary injury and preexisting blindness, and that his blindness qualified as a preexisting disability. The appellate court affirmed the Commission's decision, holding that it was supported by substantial and competent evidence that Easley was permanently and totally disabled from his primary injury alone, making the Fund not liable.