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Supreme Court rulings set high bar for Injury Fund claims
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.
Supreme Court weighs if own ruling triggers new hearings
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.
Workers’ Compensation: Second Injury Fund-Occupational Disease
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, 2014, so the Labor and Industrial Relations Commission should have decided the claim under Section […]
Workers’ Compensation: Second Injury Fund-Statute of Limitations
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 denying the claim because the claimant filed his claim against the employer and the fund […]
Workers’ Compensation: Second Injury Fund-PTD Benefits
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 the wrong standard to determine SIF liability, and the judgment is reversed and remanded. Judgment […]
Supreme Court weighs unusual workers’ compensation claims
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 they fell and were injured. Lucille Schoen sought treatment for a work-related respiratory injury, only […]
Disease claim against Second Injury Fund approved despite change in law
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 filed. Although the Eastern District’s case makes the fund liable for claimant Bruce Krysl’s claim, […]
Workers’ Compensation: Permanent Total Disability-Second Injury Fund
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 that the claimant was permanently and totally disabled before his November 2008 work injury and […]
Workers’ Compensation: Second Injury Fund-Occupational Injury
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 is reversed and remanded. Krysl v. Treasurer (MLW No. 73979/Case No. ED107591 – 12 pages) […]
Appeals judges clarify statute of limitations for 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 by Judge Mary W. Sheffield with Judges Jeffrey W. Bates and William W. Francis Jr. […]
Employment: Workers’ Compensation-Second Injury Fund-Statute of Limitations
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 plaintiff’s claim after concluding that it was barred by the statute of limitations. Where the […]
Supreme Court says claims barred against Second Injury Fund
A split Missouri Supreme Court ruled June 25 that permanent partial disability claims no longer can be brought against the Second Injury Fund following a 2014 change to the law, even if some of the claimant’s injuries predate the change. The ruling upholds a key reform lawmakers enacted to keep the fund solvent, a motivation […]
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