Jason Eckhardt v Treasurer of Missouri
No. ED 112132, 2024 MO APP. LEXIS 520
Filed July 30, 2024 Page, Gaertner, Quigless
Atty: Lally, Kincaid
Claimant sought PTD benefits aganst the second injury fund based on multiple prior work injuries. The Commission denied the claim. Eckhardt v American Airlines, 2023 MO WCLR LEXIS 54 (Schaefer, ALJ) "Mr. Eckardt did not meet his burden of proof and persuasion because he did not produce credible and persuasive evidence suggesting he was PTD as a result of the combination of the primary injury and only his qualifying preexisting disabilities."
The Court reverses the denial of Fund benefits and affirmed a determination that occupational disease "counted' for Fund liability.
Clamant's primary injury in October 2015 invovled his neck and shoulder. He underwent a surgery with incomplete recovery. he was MMI in Janaury 2017. It was settled at 35%.
His expert, Dr. Volarich, found a total based on knees, shoulders and carpal tunnel.
The ALJ awarded PTD benefits based on 5 prior qualifying benefits. His 6th injury, a shoulder, was 2 weeks short to qualify.
The Commission reversed. It found the CTS qualified but the award erroenously included a nonqualifying condition.
The court found claimant must show a combo with a primary when combined with 5 qualifying prior disabilities. The court found the primary combines with all qualifying pre-existing which in this case are more than 400 weeks. The eixstence of non-qualifying disability does not count against or for the cliamant in evaluating whether he mets the second threshold. In this case, any consideration f a nonqualifying condition was not fatal if the evidence showed other disabilities sufficiently combined.
Discussed:
Klecka v Treasurer, 644 S.W.3d 562 (Mo. banc 2022)
Treasurer of State v Parker, 622 S.2.2d 178 (Mo banc 2021)
Obermann v Treasurer of the State of Mo, 681 S.W.3d 559 (Mo. App. 2023)
