Workers’ Compensation: Permanent Total Disability-Second Injury Fund

Where a claimant challenged the denial of permanent disability benefits from the Second Injury Fund, the award was supported by substantial and competent evidence on the whole record, so the Labor and Industrial Relations Commission did not err in finding that the claimant was permanently and totally disabled before his November 2008 work injury and that he was unable to compete in the open labor market prior to the injury.

Judgment is affirmed.

Wurth v. Treasurer (MLW No. 74020/Case No. ED107335 – 9 pages) (Missouri Court of Appeals, Eastern District, Page, J.) Appealed from the Labor and Industrial Relations Commission (David G. Plufka for appellant) (Mathew Kincade for respondent).