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Home / Opinions / Courts / Court of Appeals, Western District / Workers’ Compensation: Permanent Total Disability-Rule of Necessity

Workers’ Compensation: Permanent Total Disability-Rule of Necessity

Where the Second Injury Fund challenged an award declaring the claimant to be permanently and totally disabled, the Labor and Industrial Relations Commission did not err in invoking the rule of necessity to allow a commissioner who had previously recused himself to reenter the case to break a stalemate, and the judgment is affirmed because the evidence was sufficient to find that the claimant was unemployable in the open labor market and totally and permanently disabled.

Judgment is affirmed.

Nivens v. Interstate Brands Corporation (MLW No. 74013/Case No. WD82132 – 20 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from the Labor and Industrial Relations Commission (Eric M. Doner, Jefferson City, for appellant) (Joseph R. Ebbert, Overland Park, Kansas, and Gabriel E. Harris, Jefferson City, for respondent).