William Wilson v Treasurer of the State of MO
Release Date: Sept. 28, 2021 (accident date: Nov 2017) WD 84420
Summary: Court of Appeals reverses a denial of a claim of PTD against the SIF based on Parker and concludes the Commission erred in its application of 287.220.3(2) that liability required proof of primary and only one qualifying disability and not when claimant had multiple prior qualifying disabilities.
The undisputed medical testimony is claimant had a primary injury (42.5% ankle) and three prior conditions which satisfied threshold involving both knees and his CV condition. The court found the commission applied the correct sub-statutory section, unlike in Parker, but applied the wrong standard. The Fund offered no medical opinion to contest Dr. Volarich's opinions.
Parties:
Pfeiffer, Hon.
Volarich
McDuffey
Schmidt
