A trio of recent Missouri Supreme Court cases could add new obstacles to the already difficult path that injured claimants must follow to recover from the state’s Second Injury Fund.

Tagged with: Missouri Supreme Court Second Injury Fund topnews

The Missouri Supreme Court is considering whether claimants can reopen their cases against the Second Injury Fund after the court announced a significant change in how such claims are to be handled. 

Tagged with: Missouri Supreme Court Second Injury Fund

Where a claimant challenged the reversal of an award of permanent total disability benefits against the Second Injury Fund, the decision is reversed and remanded with directions to reinstate the award because the compensable occupational disease occurred before January 1, ...

Tagged with: Occupational Disease Second Injury Fund

Where a claimant challenged the denial of his workers’ compensation claim seeking temporary total and permanent partial disability benefits from his employer and permanent total disability benefits from the Second Injury Fund, the Labor and Industrial Relations Commission erred in ...

Tagged with: Second Injury Fund Statute Of Limitations

Where the treasurer challenged a determination that the Second Injury Fund was liable to claimant for permanent total disability benefits, the claim arose from a workplace injury that occurred after January 1, 2014, so the commission legally erred by applying ...

Tagged with: PTD Benefits Second Injury Fund

The Missouri Supreme Court once again is considering at what point an injury connected somehow to the workplace becomes a work-related injury. The court heard back-to-back cases on Feb. 11 in two cases from women who sought workers’ compensation after ...

Tagged with: Lucille Schoen Maral Annayeva Missouri Supreme Court Second Injury Fund workers' compensation claims

The Missouri Court of Appeals Eastern District ruled Oct. 1 that a man partially disabled by an occupational disease still could bring a claim against the state’s Second Injury Fund even after lawmakers said such claims no longer could be ...

Tagged with: carpel tunnel syndrome Labor and Industrial Relations Commission Missouri Court of Appeals Eastern District Second Injury Fund Veiled Prophets

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 ...

Tagged with: Permanent Total Disability Second Injury Fund

Where a sculptor who suffered an occupational injury challenged the commission’s reversal of his award of permanent partial disability, the judgment is reversed and remanded because the claim against the Second Injury Fund was not precluded by Section 287.220.3. Judgment ...

Tagged with: Occupational Injury Second Injury Fund

The Missouri Court of Appeals Southern District ruled June 20 that a former employee of a Solo Cup plant was not time-barred from receiving benefits from the Second Injury Fund for claims of hearing loss and tinnitus. The opinion, written ...

Tagged with: Missouri Attorney General's Office Missouri Court of Appeals Southern District Second Injury Fund

Plaintiff appealed the final award denying his claim for benefits from the Second Injury Fund for hearing loss and tinnitus plaintiff alleged was caused by his exposure to industrial noise while working for the Solo Cup Company. The commission denied ...

Tagged with: Second Injury Fund Statute Of Limitations Workers’ Compensation