Treasurer of the State of Missouri-Custodian of The Second Injury Fund Missouri Cases

Robert Schebaum appealed the Labor and Industrial Relations Commission's denial of permanent total disability benefits from the Second Injury Fund. Schebaum, who had preexisting hearing loss and two work-related knee injuries, argued that his hearing loss should qualify as a preexisting disability or at least be considered in determining his employability. The appellate court affirmed the Commission's decision, holding that Schebaum's hearing loss did not qualify as a preexisting disability under the statute because it did not directly and significantly aggravate or accelerate his subsequent work-related injury. The court further clarified that non-qualifying disabilities cannot be considered when determining permanent total disability for Fund liability.

Jimmy Mickelberry sought permanent and total disability benefits from the Second Injury Fund after a workplace injury combined with preexisting conditions. The Administrative Law Judge found the Fund liable, and the Labor and Industrial Relations Commission adopted this award. On appeal, the Missouri Court of Appeals, Western District, reversed the Commission's award, holding that the Commission exceeded its statutory authority by reviewing the Fund's facially defective application for review. The Court reinstated the ALJ's original award as the final judgment.

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.

Dennis Moss, a corrections officer, sought permanent total disability benefits from the Second Injury Fund after a work injury exacerbated pre-existing conditions. The Labor and Industrial Relations Commission awarded benefits, which the Fund appealed, arguing that Moss's physician did not explicitly certify permanent total disability as required by statute. The appellate court affirmed the Commission's award, holding that the statute only requires a physician to demonstrate and certify the employee's medical condition and work restrictions, allowing the Commission to consider vocational evidence for employability.