Missouri Supreme Court hears case on Second Injury Fund benefits for disabled worker

The Missouri Supreme Court heard arguments Feb. 25 in a case that could reshape how the state determines eligibility for permanent total disability benefits under the Second Injury Fund.

James Eckardt, an aircraft mechanic, challenged the Missouri Labor and Industrial Relations Commission‘s decision denying him benefits, arguing the commission misinterpreted medical testimony and failed to properly weigh the cumulative impact of his work-related injuries.

Eckardt was represented during oral arguments by John Lally of Rhodes & Lally, while the Missouri treasurer, as custodian of the Second Injury Fund, was represented by Matthew Kincade III of the Missouri attorney general’s office in St. Louis.

Eckardt sustained multiple injuries during his time working as an aircraft mechanic from 1976 to 2017, leading to surgeries in both knees, both shoulders and both wrists, along with a spinal operation following a herniated disc. He applied for benefits from the Second Injury Fund after his 2015 spine injury, which was caused by an open door of a moving van striking him. A judge initially ruled in his favor, awarding permanent total disability benefits, but the commission reversed the decision, concluding Eckardt had not met the legal threshold under state statute.

One portion of the dispute was the interpretation of the word “combination” in Missouri’s worker’s compensation statute, particularly in light of a 2014 amendment that changed how preexisting conditions are factored into Second Injury Fund claims.

“The sole expert in this case did not say total disability because of one combo, or a combo, or the combo. He said Mr. Eckardt is totally disabled because of his neck injury in combination with his pre-existing medical condition,” Lally said. “So what the expert was saying was … this man is completely disabled because of his neck injury and his hands, his neck and his knees, his neck and his shoulder, or just the neck and shoulder, or just the neck and the forearm.”

In a cross-appeal, the Second Injury Fund contended that Eckardt’s carpal tunnel syndrome, which developed over time, does not qualify as a preexisting condition under Missouri law, which Lally said was erroneous.

“It is true that Missouri law requires strict construction of this statute, but nevertheless, courts have to look for intent and meaning of statutory language and context,” he said. “I have no doubt if the legislature intended to take occupational diseases out of this conversation, they would have done so quite literally.”

Judge Kelly C. Broniec said it seemed the Eastern District suggested, given the number of disabilities in this case, Eckardt could still be found permanently and totally disabled even if his right shoulder injury were excluded from consideration.

Kincade said this was not the case, as Eckardt had failed to establish that he was permanently and totally disabled absent that shoulder because the plaintiff did not elicit testimony from key experts.

“Appellant does not elicit testimony … opining whether or not the appellant would still be permanently and totally disabled absent the nonqualifying right shoulder or the potentially nonqualifying bilateral wrists,” Kincade said. “He does not obtain a vocational expert … and he didn’t testify at trial that he would still be permanently and totally disabled absent the nonqualifying conditions. Appellant not producing this evidence is the reason the commission ruled against him.”

The case is James Eckardt v. Treasurer of Missouri as Custodian of the Second Injury Fund, case No. SC100784.