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Home / Opinions / Courts / Court of Appeals, Western District / Workers’ Compensation: SIF Liability – Medical Evidence – Credibility Determination

Workers’ Compensation: SIF Liability – Medical Evidence – Credibility Determination

Where a worker, who was found to be permanently and totally disabled, but an issue remained as to whether he became disabled in a manner that triggered Second Injury Fund liability for that degree of disability, the record did not show whether the commission actually made a determination to disbelieve an expert medical witness or whether the testimony was overlooked, so the case is remanded for clarification.

Judgment is reversed and remanded.

Tombaugh v. Treasurer (MLW No. 62703/Case No. WD73171 – 9 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from the Labor and Industrial Relations Commission (David A. Slocum, Lenexa, Kansas, for appellant) (Chris Koster, Jefferson City, and Laura Van Fleet, Kansas City, Missouri, for respondents).

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