In order to obtain reimbursement from the state’s Special Disability Fund pursuant to N.Y. Workers’ Comp. Law § 15(8), it is not enough for the employer or carrier to show that the claimant had one or more previous physical impairments; it must also show that the...
A Nevada employer need not show that it had knowledge of an employee’s specific medical diagnosis in order to receive reimbursement from the state’s Subsequent Injury Fund (“the Fund”). It must, however, prove that it had some sort of knowledge of a preexisting...
A trial court properly apportioned 10 percent of a permanently and totally disabled worker’s disability to the Second Injury Fund where it found that the worker sustained a 90 percent PPD as a result of a shoulder and arm injury, but also found that when combined...
In a deeply divided decision, the Supreme Court of Oklahoma held that a workers’ compensation claimant, who sustained an injury to his left shoulder in 2013, was a “physically impaired person,” as defined in Okla. Stat. tit. 85A, § 402(A), in spite of the fact...
A New York employer was not entitled to receive reimbursement from the Special Disability Fund pursuant to N.Y. Work. Comp. Law § 15(8)(d) unless it could establish three things: (1) that the injured worker had a preexisting permanent impairment that hindered job...
A Missouri appellate court affirmed an award of permanent total disability benefits against the state’s Second Injury Fund where claimant’s lunchroom chair collapsed as he sat eating lunch. The claimant injured his low back and developed intense pain...
There’s a new way to tap the Missouri second injury fund: bad parents. The Fund provides compensation when prior conditions combine with a new work accident. This rationale applies easily with contralateral orthopedic injuries because the injuries synergistically...
An unruly patient who punched the claimant in her mouth knocked her out of the labor market, according to the Commission which affirmed a total disability award against the second injury fund. Seldon v St. Louis Psychiatric Rehab Center , 2014 Mo WCLR Lexis 110...
As did a number of other states, South Carolina established a Second Injury Fund to encourage employers to hire disabled or handicapped persons. Generally, under the provisions of S.C. Code Ann. § 42-9-400, if an employer can show that the injured worker's...
It was just another day on the job for claimant when she put on her raincoat and boots, pulled out her sprayer, and spent the day getting splattered with hog manure, afterbirth and hog waste material. In 2002 she felt sick and fatigued and was hospitalized, went...
The court of appeals affirmed an award of total disability benefits against the second injury fund benefits based in part on claimant's significant pre-existing psychiatric disabilities. Blackshear v Adecco , ED 100251 (Mo. App. 2014), 2014 MO App Lexis 157...
The Missouri Supreme Court has now spoken on what prior injuries "count" for purposes of accessing second injury fund benefits in Missouri worker's compensation cases in 4 new cases appealed last year by the Fund: Witte, Salviccio, Dyson and Buhlinger...
The big fight recently in Missouri is when a surviving spouse or dependent children can still receive comp benefits after a claimant dies from unrelated causes. The worker's comp statute provides survivor benefits when the death is work-related, and the statute...
No case highlights the financial crisis of Missouri’s second injury better than the recent case of Skirvin v Treasurer of State of Mo. WD 75441 (Mo. App. 2013), 2013 Mo App. Lexis 84 , which describes the Fund’s incapacity to pay millions of dollars in awarded...