William Wilson v. Jack's Truck Rental, Inc.
Decision date: November 5, 2021Injury #17-0851342 pages
Summary
The Missouri Court of Appeals reversed the Commission's prior denial and remanded the case with instructions to award permanent total disability benefits. The Commission issued a final award granting the employee $400.00 per week in permanent total disability benefits from the Second Injury Fund, commencing May 18, 2020.
Caption
| FINAL AWARD ALLOWING COMPENSATION (After Mandate from the Missouri Court of Appeals, Western District) | |
| Injury No.: | 17-085134 |
| Employee: | William Wilson |
| Employer: | Jack’s Truck Rental, Inc. (settled) |
| Insurer: | Missouri Employers Mutual Insurance (settled) |
| Additional Party: | Treasurer of Missouri as Custodian of Second Injury Fund |
| On September 28, 2021, the Missouri Court of Appeals, Western District, issued its opinion inWilliam Wilson vs. Treasurer of the State of Missouri-Custodian of the Second Injury Fund, WD84420, Inj. No. 17-085134. | |
| By mandate dated October 20, 2021, the Court confirmed its decision to reverse the Missouri Labor and Industrial Relations Commission’s (Commission) March 19, 2021, award and decision and remanded this matter to the Commission for further proceedings consistent with the Court’s opinion. | |
| In its opinion, the Court concluded, “The Commission’s final award is reversed and the cause is remanded with instructions to the Commission to enter a final award of [permanent total disability] benefits in favor of Employee and against [Second Injury Fund].”Wilson, WD84420 (September 28, 2021), p. 9. Pursuant to this express directive and the mandate from the Court, we issue the following award. | |
| Award | |
| The Second Injury Fund is liable to employee for permanent total disability benefits in the stipulated amount of $400.00 per week, ^{ 1 } commencing on May 18, 2020. ^{ 2 } | |
| For necessary legal services rendered to employee, Bradley Medcalf, Attorney at Law, is allowed a fee of 25% of the compensation awarded, which shall constitute a lien on said compensation. | |
| Any past due compensation shall bear interest as provided by law. |
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Given at Jefferson City, State of Missouri, this 5th day of November, 2021.
LABOR AND INDUSTRIAL RELATIONS COMMISSION
Robert W. Cornejo, Chairman
Reid K. Forrester, Member
Shalonn K. Curls, Member
Attest:
Secretary