Lisa Coffer v Treasurer of the State of MO
Venue: Southern District
Release date: April 14, 2020
Plot summary: The court of appeals reverses and remands a decision denying SIF benefits with erroneous applied a post-reform standard (section 3) rather than pre-reform standard (section 2) concerning a December 2013 occupational disease. The Fund argued the 2014 rules applied because the claim was filed after the statutory change.
Second injury fund claim filed after January 1, 2014 amendments are subject to pre-amendment rule under section 2 to assess PTD claim when the primary condition of carpal tunnel syndrome became disabling two weeks before the change in law (December 13, 2013) The Commission had reversed an award of benefits and found section 3 applied and found no evidence to support a claim of prior disabilities that meet the qualifying criteria under section 3. The court follows Krysl v Treasurer of Missouri as Custodian of the Second Injury Fund, 591 S.W.3d 13 (Mo. App. 2019) (claiming partial benefits) In Krysl the court rejected the Fund's defense that the filing of the claim was dispositive. The court found the date of the injury was dispositive and not the nature of the nature.
SD 36471
https://www.courts.mo.gov/file/SD/Opinion_SD36471.pdf
Cast: Rahmeyer, Hon.
