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Workers’ Compensation: SIF Liability-Sufficiency of Evidence-Hearing Loss
Where a claimant challenged the denial of his claim against the Second Injury Fund for benefits, the claimant failed to meet his burden to show that he was permanently totally disabled due to a combination of his preexisting Parkinson’s disease and his hearing loss and tinnitus, and the evidence was sufficient to support the award. […]
Workers’ Compensation: SIF Liability-Statutory Authority
Where the Second Injury Fund challenged a finding that a claimant was permanently and totally disabled in part due to preexisting conditions, triggering fund liability, the Labor and Industrial Relations Commission exceeded its statutory authority when it determined the fund’s appeal from the administrative law judge’s award because the fund did not properly appeal the […]
Workers’ Compensation: SIF Liability-PTD-Kidney Loss
Where a claimant challenged findings that he was not permanently and totally disabled and that the Second Injury Fund was thus not liable, synergy is not required for a finding of permanent total disability, so the claimant’s point on appeal that he proved synergy was without merit, and the Labor and Industrial Relations Commission properly […]
Workers’ Compensation: SIF Liability-Causation-Tinnitus
Where a claimant challenged the denial of his claim for permanent total disability, sufficient competent evidence supported the finding that the work-related accident was not the prevailing factor in causing the claimant’s tinnitus, so the judgment denying the claim is affirmed. Judgment is affirmed. Schlereth v. Aramark Uniform Services Inc. (MLW No. 74124/Case No. ED107806 […]
Workers’ Compensation: SIF Liability-Sufficiency Of Evidence
Where a claimant challenged the denial of her claim against the Second Injury Fund, the finding that the claimant failed to prove that the combination of her preexisting disabilities and primary injury rendered her permanently and totally disabled was not supported by substantial evidence, and the judgment is reversed and remanded since the reasons cited […]
Worker’s Compensation: PPD-SIF Liability-Due Process
Where a claimant argued that he was entitled to permanent total disability or permanent partial disability from the Second Injury Fund, the judgment is affirmed because the commission did not err in concluding that he was not entitled to benefits under Section 287.220, and the statute as applied to the claimant did not violate the […]
Employment Law: PTD Benefits-Medical Evidence-SIF Liability
Where employer challenged an award of permanent partial disability benefits and future medical expenses to a former employee, the employer failed to follow the required analytical process in its points on appeal, and the judgment is affirmed because the commission’s decision to grant compensation was not contrary to the overwhelming weight of the evidence, […]
Employment Law: SIF Liability-Statute of Limitations-Settlement Stipulations
Where a claimant, who suffered work-related hearing loss, brought a claim against the Second Injury Fund, the commission did not err in denying the claim as time barred because the second-amended claim failed to raise new issues regarding liability, so it did not constitute a claim against the employer as required, and settlement stipulations […]
Workers’ Compensation : SIF Liability – Compensable Injury – ‘Arose Out Of’
Thompson v. Treasurer (MLW No. 71425/Case No. ED105352 – 6 pages) (Missouri Court of Appeals, Eastern District, Page, J.)
Workers’ Compensation : SIF Liability – Single Expert
Barnes v. Treasurer (MLW No. 71145/Case No. ED105508 – 7 pages) (Missouri Court of Appeals, Eastern District, James M. Dowd, C.J.)
Workers’ Compensation : Prevailing Factor – SIF Liability
Maryville R-II School District v. Payton (MLW No. 70401/Case No. WD80070 – 14 pages) (Missouri Court of Appeals, Western District, Howard, J.)
Workers’ Compensation : SIF Liability – Carpal Tunnel Syndrome – Date Of Disability
Wickam v. Treasurer (MLW No. 69712/Case No. WD79188 – 14 pages) (Missouri Court of Appeals, Western District, Howard, J.)
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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