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Employee: William Wilson
Injury Number: 17-085134
Decision Date: 2021-11-05
Outcome: affirmed
Employer: Jack's Truck Rental, Inc.
Canonical URL: https://ott.law/workers-comp/decisions/2021-11-05-wilson-william-17-085134
Official Source URL: https://labor.mo.gov/media/pdf/wilsonwilliam17-08513411-05-21pdf
Related Practice Areas:
- Workers' Compensation: https://ott.law/practice-areas/workers-compensation?ott_archive=workers-comp&ott_archive_practice_area=workers-compensation&ott_archive_query=William+Wilson&ott_archive_link_source=tag&ott_archive_link_score=40&ott_archive_link_evidence=tag%3A+workers+compensation%3B+topic%3A+workers-compensation&ott_archive_location=wc_decision_plain_text_practice_area (slug: workers-compensation; source: tag; score: 40; evidence: tag: workers compensation, topic: workers-compensation, text: workers' compensation, text: labor and industrial relations commission, text: workplace injury)
- Truck Accidents: https://ott.law/practice-areas/truck-accidents?ott_archive=workers-comp&ott_archive_practice_area=truck-accidents&ott_archive_query=William+Wilson&ott_archive_link_source=text&ott_archive_link_score=6&ott_archive_link_evidence=text%3A+truck+rental&ott_archive_location=wc_decision_plain_text_practice_area (slug: truck-accidents; source: text; score: 6; evidence: text: truck rental)
- Personal Injury: https://ott.law/practice-areas/personal-injury?ott_archive=workers-comp&ott_archive_practice_area=personal-injury&ott_archive_query=William+Wilson&ott_archive_link_source=text&ott_archive_link_score=1&ott_archive_link_evidence=related+personal-injury+route+for+specific+workplace+injury+signal&ott_archive_location=wc_decision_plain_text_practice_area (slug: personal-injury; source: text; score: 1; evidence: related personal-injury route for specific workplace injury signal)

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|   | 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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-2-

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