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

Patricia Otwell appealed the Labor and Industrial Relations Commission's decision awarding her permanent partial disability against the Second Injury Fund, arguing the Commission erred in excluding her vocational expert's testimony. The Commission had excluded the testimony, finding the expert improperly relied on an inadmissible report from a non-testifying physician. The appellate court reversed, holding that the Commission abused its discretion by excluding the entirety of the expert's testimony, as the expert's reliance on the inadmissible report was minimal and he conducted his own independent evaluation and reviewed numerous other medical records. The case was remanded for reconsideration of the award.