Wednesday, April 2, 2025

No remedy in Tort Victim's Comp Fund for unpaid Comp award

 Ellis v Tort Victim's Compensation Fund 

WD 87443    April 1, 2025

The Court affirmed the Commission's denial of remedy under 537.675 as an uncompensated tort vicitm when claimant was not within the terms of the statute limiting eligible claims for personal injury or wrongful death.  

Claimant obtained an award through an ALJ for about $9,000 related to a heat stroke injury that occurred while working for an ininsured employer.  Claimant sought benefits under the tort fund when the employer did not pay the award.   The court noted there were available remedies to attempt to collect an unpaid judgment pursuant to 287.500.