Workers’ Compensation: Permanent Total Disability-Pre-Existing Disabilities

Plaintiff appealed the denial of his claim for permanent total disability benefits from the Second Injury Fund, arguing that the Industrial Relations Commission erred in considering his prior right shoulder disability in isolation from his enhanced permanent partial disability award because the disability satisfied the “direct result requirement.”

Where plaintiff’s enhanced PPD benefits from a prior work injury should have been considered in a subsequent PTD claim, the Commission erred in its denial of plaintiff’s benefits claim.

Torbitzky, J., dissenting: “The Supreme Court’s opinions in Parker and Klecka make clear that non qualifying disabilities cannot be considered in the determination of permanent total disability. As the principal opinion points out, ‘there is a legislative-directed departure from earlier precedent which had allowed consideration of all preexisting disabilities in the determination of PTD.’”

Judgment is reversed and remanded.

Ryan v. State of Missouri, Second Injury Fund (MLW No. 82409/Case No. ED112149 – 26 pages) (Missouri Court of Appeals, Eastern District, Wright, J.) Appeal from Labor and Industrial Relations Commission. (Branson L. Wood III for appellant) (Kimberley C. Fournier for respondent)