Workers’ Compensation: Second Injury Fund Benefits-Occupational Disease

Staff Report//August 7, 2024//

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Claimant appealed the denial of his claim for Second Injury Fund benefits based on his undisputed permanent total disability due to multiple work injuries. The Fund cross-appealed the inclusion of claimant’s occupational disease in the finding of his medical impairments.

Where claimant’s multiple preexisting qualifying injuries allowed him to satisfy the condition of sustaining a subsequent compensable work-related injury resulting in permanent total disability in conjunction with preexisting impairments, the Fund erred in denying his claim for benefits as occupational injuries were not excluded from compensable injuries.

Judgment is reversed and remanded.

Eckardt v. Treasurer of Missouri as Custodian of the Second Injury Fund (MLW No. 81879/Case No. ED112132 – 16 pages) (Missouri Court of Appeals, Eastern District, Page, J.) Appeal from Labor and Industrial Relations Commission. (John A. Lally, for appellant) (Mathew Kincade, III, for respondent)