Treasurer of the State of Missouri as custodian of The Second Injury Fund Missouri Cases

The Treasurer of the State of Missouri, as Custodian of the Second Injury Fund (SIF), appealed the Labor and Industrial Relations Commission's award of permanent total disability benefits to Brian White. White's award was based on a chest injury combined with a preexisting occupational shoulder disease. The appellate court reversed and remanded, holding that occupational diseases do not qualify as a preexisting disability for SIF liability under § 287.220.3(2)(a)a(ii), consistent with a recent Supreme Court of Missouri decision. The case was remanded for the Commission to consider other potential bases for SIF liability.

Larry Obermann sought Permanent Total Disability (PTD) benefits from the Second Injury Fund after a workplace shoulder injury, asserting his PTD resulted from this injury combined with qualifying preexisting disabilities. The Labor and Industrial Relations Commission denied his claim, finding no expert opined that his PTD resulted solely from the primary injury and qualifying preexisting disabilities, exclusive of a non-qualifying knee injury. The appellate court reversed, holding that the Commission's dispositive factual finding was unsupported by competent and substantial evidence, as Obermann's vocational expert did opine PTD based on the primary injury and qualifying feet injuries, without relying on the non-qualifying knee injury. The case was remanded with instructions to enter an award of PTD benefits for Obermann.

The Second Injury Fund appealed the Labor and Industrial Relations Commission's award of permanent total disability benefits to Jonathan Parker. The Missouri Supreme Court found that the Commission erred by applying the incorrect subsection of section 287.220, as Parker's injuries occurred after January 1, 2014, requiring application of subsection 3. The Court provided statutory interpretations for the Commission to apply on remand and addressed an evidentiary issue regarding the admissibility of medical records. The Court vacated the Commission's award and remanded the case for a determination under the correct statutory provisions.

Sterling Bennett appealed the Labor and Industrial Relations Commission's denial of Second Injury Fund liability for two separate work injuries. The Commission had affirmed the Administrative Law Judge's decision. The appellate court affirmed the Commission's award, finding that Bennett failed to prove permanent total disability for his March 2014 injury due to flawed expert opinions, and failed to prove a synergistic effect for his August 2013 injury.

Jonathan Parker, a manual laborer, filed a workers' compensation claim against the Second Injury Fund after sustaining a neck injury, arguing he was permanently and totally disabled due to a combination of his work injuries and preexisting conditions. The Labor and Industrial Relations Commission found the Fund liable. On appeal, the Fund argued the Commission applied the wrong statute and improperly considered Parker's less serious preexisting injuries. The appellate court affirmed, holding that while the Commission initially applied the wrong statute, the record supported Fund liability under the correct statute, and the Commission could consider all of Parker's characteristics, including less serious preexisting injuries, when determining total disability.

Phillip Guinn appealed the Labor and Industrial Relations Commission's denial of his workers' compensation claim against the Second Injury Fund. Guinn argued that his preexisting Parkinson's disease combined with his occupational hearing loss and tinnitus to render him permanently totally disabled. The appellate court affirmed the Commission's award, concluding that Guinn failed to meet his burden of proof to show this combined disability. The court also dismissed the Fund's cross-appeal as moot.

Lisa Coffer was awarded permanent total disability benefits by an administrative law judge (ALJ) against the Second Injury Fund due to an occupational disease combined with previous disabilities. The Labor and Industrial Relations Commission reversed the ALJ's award, applying a different statutory subsection. The appellate court reversed the Commission's decision, holding that the Supreme Court's interpretation in Cosby v. Treasurer of the State of Missouri required the application of section 287.220.2, not 287.220.3, because Coffer's occupational disease occurred before January 1, 2014, despite her claim being filed after that date. The case was remanded with instructions to reinstate the ALJ's award.

Douglas Cosby sought permanent partial disability benefits from the Second Injury Fund after a 2014 work injury, arguing his preexisting disabilities from prior injuries entitled him to compensation under section 287.220. The Labor and Industrial Relations Commission denied benefits, finding his claim was barred by a statutory amendment effective January 1, 2014. The Missouri Supreme Court affirmed, holding that section 287.220.3(2) precludes PPD claims against the fund for injuries occurring after January 1, 2014, and that this interpretation does not violate constitutional open courts, due process, or equal protection rights.

Phillip Guinn appealed the Labor and Industrial Relations Commission's denial of his claim for Second Injury Fund benefits for hearing loss and tinnitus, which the Commission found time-barred. Guinn suffered hearing loss and tinnitus from industrial noise exposure at Solo Cup Company. The Commission concluded the statute of limitations began running on the date Guinn filed his claim against Solo Cup, or the date of last exposure. The appellate court reversed and remanded, holding that the statute of limitations for occupational diseases, including hearing loss and tinnitus, begins when the injury is reasonably discoverable and apparent, not necessarily the date of last exposure, and that the Commission misapplied the law.