LexisNexis® Legal Newsroom
Missouri: Polio Renders Worker Totally Disabled

Claimant fell hundreds of times before in his life, but in 2008 he slipped on a slick floor in his employer’s bathroom, lost control of his crutches, and injured his neck. He never returned to work after two neck surgeries. The Commission affirmed an award for permanent total tried solely against...

Missouri: Court Declines to Compel Payment of Fund Award

An injured worker with an unpaid award of permanent total benefits could not compel the Fund to fully pay the award by a writ of mandamus, according to the court of appeals. Skirvin v Treasurer of the State of Mo. , 2013 Mo App. Lexis 84 (Jan 22, 2013) The court of appeals vacated a writ of mandamus...

Missouri: Court Declines to Compel Payment of Fund Award

An injured worker with an unpaid award of permanent total benefits could not compel the Fund to fully pay the award by a writ of mandamus, according to the court of appeals. Skirvin v Treasurer of the State of Mo. , 2013 Mo App. Lexis 84 (Jan 22, 2013) The court of appeals vacated a writ of mandamus...

Missouri Second Injury Fund: Is It Time to Re-Define Disability?

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 benefits. One issue underlying...

Missouri Second Injury Fund: Is It Time to Re-Define Disability?

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 benefits. One issue underlying...

Missouri Second Injury Fund: Is It Time to Re-Define Disability?

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 benefits. One issue underlying...

Missouri: Children of deceased worker awarded lifetime Schoemehl benefits

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 provides the loss of benefits by...

MO Supreme Court Announces New Standards For Fund Cases

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, in an en banc decision issued on November...

Missouri: Prior Psych Condition Supports SIF Total from Break Room Accident

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 (2-18-2014) (lexis.com) 2014 MO App Lexis...

Missouri: Court Affirms Award for Legionnaire’s Disease

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 into a coma, and was treated for Legionnaire’s...

Missouri: Benefits Denied For a Train Inspector Who Fell From a Rail Car

A 58-year old train inspector fell more than 20 feet from the top of a rail car resulting in injuries to his back and shoulder. He failed to establish he had an accident to pursue a PTD claim against the second injury fund because he "unfortunately" had no idea how his fall occurred. Gleason...

South Carolina: High Court Says Employer/Insurer Should Receive Partial Reimbursement for Extra Medical Costs and Outlays Related to Pre-existing Diabetes Condition

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 disability, following the compensable...

Missouri: Punch In Mouth Aggravates PTSD For SIF Total

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 (lexis.com), 2014 Mo WCLR Lexis 110 (Lexis...

Missouri: Dysfunction Junction, What's Your Function?

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 combine to create a greater...

Missouri: Injuries Sustained When Lunchroom Chair Collapsed Are Compensable

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 in his low back and leg. The Second Injury...