Please ensure Javascript is enabled for purposes of website accessibility

Workers’ Compensation: Permanent and Total Disability Determination-Competent Evidence

Staff Report//December 31, 2018//

Workers’ Compensation: Permanent and Total Disability Determination-Competent Evidence

Staff Report//December 31, 2018//

Listen to this article

Claimant’s doctor and two vocational/rehabilitation counselors determined that claimant was permanently and totally disabled. An administrative law judge awarded claimant weekly benefits and the commission affirmed. The fund appealed, arguing the commission erred because a physician did not determine claimant’s permanent total disability, as required by §287.190.6(2).

Where there is competent evidence from a physician and other non-medical experts that the claimant is unemployable because of a total and permanent disability, the requirements of §287.190.6(2) are satisfied.

Award is affirmed.

Moss v. Treasurer of the State of Missouri – Custodian of the Second Injury Fund (MLW No. 72511/Case No. WD81467 – 11 pages) (Missouri Court of Appeals – Western District, Mitchell, C. J.) Appealed from Labor and Industrial Relations Commission (Joshua D. Hawley and David L. McCain, Jr. for appellant) (Christine Kiefer for respondent).

Latest Opinion Digests

See all digests

Top stories

See more news