The findings of fact and stipulations of the parties were accurately recounted in the award of the ALJ and, to the extent they are not inconsistent with the findings listed below, they are incorporated and adopted by the Commission, herein.
On January 25, 2006, employee injured his left knee when he stepped into a hole at work and his left leg sank into the ground up to his waist. On March 14, 2006, Dr. Rhoades performed arthroscopic surgery on employee's left knee. Dr. Rhoades released employee on May 17, 2006, to return to work full duty. Employee filed a Claim for Compensation with regard to this injury and later settled with employer. As part of the settlement, employer agreed to pay for employee's medical expenses of $\ 11,168.12 and $\ 367.80 in
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[^0]: ${ }^{1}$ Statutory references are to the Revised Statutes of Missouri 2005 unless otherwise indicated.
Employee: Anthony Ladd
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temporary total disability benefits. All other issues were settled for the lump sum of $500.00.
We find, as did the ALJ, that employee failed to prove any enhanced permanent partial disability resulting from a combination of the 2006, injury with any alleged preexisting disabilities.
Section 287.220 RSMo creates the Second Injury Fund and provides when and what compensation shall be paid from the fund in "all cases of permanent disability where there has been previous disability." The employer's liability must first be considered in isolation before determining Second Injury Fund liability. *Kizior v. Trans World Airlines*, 5 S.W.3d 195 (Mo. App. W.D. 1999), overruled on other grounds, *Hampton v. Big Boy Steel Erection*, 121 S.W.3d 220 (Mo. banc 2003).
Section 287.220.1 provides certain thresholds that both the primary injury and the preexisting disabilities must meet before the Second Injury Fund is found liable. Before analyzing any synergistic effect of the primary injury and preexisting disabilities, it must be determined that both the primary injury, by itself, and the preexisting disabilities, by themselves, result in a minimum of 12.5% permanent partial disability of the body as a whole, or if the injury is to a major extremity, 15% permanent partial disability to said extremity. If the primary injury and preexisting disabilities do not both satisfy either of these disability minimums, the analysis stops there and the claim against the Second Injury Fund is denied.
In this case, employee was treated by Dr. Rhoades for approximately four months and then released to full duty work. Employee returned to his same job and duties. Employee testified that when he returned to his job he would use a bucket to sit on instead of getting down on his knees. Dr. Poppa evaluated employee on July 24, 2009, and opined that as a result of employee's 2006, injury he sustained 20% permanent partial disability of the lower left extremity rated at the knee. Dr. Poppa also opined that employee's 1998, head injury resulted in 15% permanent partial disability of the body as a whole and his 2001, right elbow injury resulted in 20% permanent partial disability of the right upper extremity rated at the elbow.
Employee settled his 2006, injury claim against employer for $500.00 at the 160 week level.
We find, as did the ALJ, that Dr. Poppa's opinions are not credible. Regardless of the fact that Dr. Poppa issued two separate reports with different conclusions both dated July 24, 2009, his opinions do not accurately reflect employee's conditions with regard to the 2006, injury or his alleged preexisting disabilities.
We find that the weight of the evidence shows that employee's 2006, injury did not come close to resulting in 15% permanent partial disability to employee's lower left extremity. Employee treated with Dr. Rhoades for four months and returned to full duty work. In addition, he settled his claim against employer for a mere $500.00. For the foregoing reasons, we find that employee's claim against the Second Injury fund for his
2006, injury is denied because the primary injury did not meet the 15\% permanent partial disability threshold required for Second Injury Fund liability in § 287.220.1.