Rick Hunsaker v. Woody's Trucking
Release Date: Nov. 6, 2019 (Accident date Jan. 2011)
Venue: Stoddard County
Plot Summary: The Commission affirms a denial of benefits based on statute of limitations for a claim against the second injury fund.
statute of limitations
Inj. No. 11-004178
https://labor.mo.gov/sites/labor/files/decisions_wc/HunsakerRick11-00417811-6-19.pdf
Cast:
Kasten, ALJ
Green, atty
Rhoades, atty (SIF)
Woiteshek
Shea
Comments:
Claimant in December 2016 filed a claim to add the second injury fund and change an address within 12 months after settling the claim with the employer and asserts a "settlement" counts as a claim for computing the statute of limitations against the Fund.
The ALJ found the claim filed more than 5 years after the date of accident and more than a year after the original claim against the employer and did not comply with requirements of 287.430 when the claim did not supplement or amend the original claim with regards to facts or parts of body, following Naeter v Treasurer of MO, ED 196849.
Claimant raised constitutional arguments that Naeter violated due process and equal protection which were not addressed on the merits.
What's it worth?
Employer had settled for 35% BAW for multiple injuries when a cage of chickens and chain boomer slipped off and struck claimant in the face.
