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Workers’ Compensation : PTD Benefits – Deceased Worker – Second Injury Fund
Stephanie Maniscalco//October 27, 2016//
Where the Second Injury Fund challenged a judgment granting a widow’s motion to enforce her deceased husband’s workers’ compensation award by ordering the fund to pay his permanent total disability benefits to her, the judgment is reversed because the trial court lacked statutory authority to determine outstanding factual issues not found in the award such as the widow’s dependency and her fulfillment of contingencies.
Judgment is reversed.
Carter v. Treasurer (MLW No. 69831/Case No. WD79437 – 6 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Appealed from circuit court, Henry County, Journey, J. (Truman E. Allen and B. Nelson, Columbia for respondent) (Cara L. Harris, Springfield, for appellant).
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