Ryan v State (Second Injury Fund)
2024 MO App. Lexis 861
release Date: Nov. 26, 2024
The Court reverses the Commission's denial of PTD benefits aganst the second injury turning on definitions of "compensable injury" and "direct result" and finds enhanced disablity or load to a prior shoulder disability settlement is also a direct result of the injury to meet minimum 50 week thresholds for fund liability and adds a load to a piror amount of 46.4 weeks to exceed the threshold.
There is no dispute that claimant was PTD due to primary and pre-existing. The Court found the commission erred just to consider the settlement against the employer for a prior shoulder (below threshold) and not to include the load factor in the settlement with the fund.
The Court addressed the issue of "direct result" but notes the issue was briefed but neither party preserved error when the Commission exceeded its powers to address it when the issue had not been preserved on appeal.
ALJ Zerrer originally issued an award n the 2011 claim. He awarded 20% of a shoulder and found a 15% load. In the 2015 claim he had PPD to the shoulder and the neck. Claimant argues the 15% load should be added to the primary settlement with the employer.
A dissent felt claimant was disqualified using strict construction when his expert considering non-qualifying disabilities and did not provide an alternate conclusion by excluding them.
Atty: Wood, Fournier
ALJ Tilley
