James Atchison v Mo. State Treasurer
Release date: June 26, 2020
Venue: Southern District (Division 1)
Plot Summary: The court affirms an award of PTD benefits against the fund on the basis of prior asymptomatic degenerative disc disease which impacted the capacity to repair an acute disc herniation.
1010 Mo. App. Lexis 818
Comments: The court noted here is no requirement in 287.220 that any of the pre-existing "injuries" are "symptomatic.". The commission found claimant had prior signs of degenerative disc and degenerative joint disease and the conditions were serious enough to be a hindrance or obstacle for future employment or re-employment. The statute creates different calculations for partial or total awards against the Fund.
