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

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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).