Workers’ Compensation: SIF Liability-Sufficiency Of Evidence

Where a claimant challenged the denial of her claim against the Second Injury Fund, the finding that the claimant failed to prove that the combination of her preexisting disabilities and primary injury rendered her permanently and totally disabled was not supported by substantial evidence, and the judgment is reversed and remanded since the reasons cited for finding the claimant’s experts not persuasive were against the overwhelming weight of the evidence.

Judgment is reversed and remanded.

Hazeltine v. Second Injury Fund (MLW No. 74052 Case No. ED107630 – 28 pages) (Missouri Court of Appeals, Eastern District, Hess, J.) Appealed from the Labor and Industrial Relations Commission (Daniel R. Keefe for appellant) (Mary J. Sommers for respondent).