Employment: Workers’ Compensation-Second Injury Fund-Statute of Limitations

Staff Report//July 2, 2019//

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Plaintiff appealed the final award denying his claim for benefits from the Second Injury Fund for hearing loss and tinnitus plaintiff alleged was caused by his exposure to industrial noise while working for the Solo Cup Company. The commission denied plaintiff’s claim after concluding that it was barred by the statute of limitations.

Where the statute of limitations did not begin to run until plaintiff’s hearing loss and tinnitus were reasonably discoverable and apparent that they were injuries related to industrial noise exposure, the commission erred by measuring the limitations period from plaintiff’s last date of employment.

Judgment is reversed and remanded.

Gunn v. Treasurer of the State of Missouri ((MLW No. 73416/Case No. SD35694 – 12 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from the Labor and Industrial Relations Commission

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