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The Missouri Commission was justified in filing that an injured worker did not suffer from a permanent total disability where evidence indicated that following his injuries, the worker worked on a full-time, seasonable basis, held a state appellate court. Based upon that finding, the state’s Second Injury Fund was not liable to the employee for additional benefits. The appellate court said the evidence clearly showed that the worker was fully capable of competing in the open labor market; he had successfully done so. The appellate court also noted that the Commission had considered a number of other factors. For example, in applying for unemployment benefits during the relevant time period, the worker had represented to the unemployment office that he was ready, willing, and able to work.
Thomas A. Robinson, J.D., the co-Editor-in-Chief and Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law(LexisNexis).
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See Chambers v. Treasurer of State, 2021 Mo. App. LEXIS 1033 (Nov. 23, 2021)
See generally Larson’s Workers’ Compensation Law, § 80.04.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
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