Jeremy Jarvis v. Treasurer of the State of Missouri - Custodian of the Second Injury Fund
ED113075
| Mo. Ct. App. | May 27, 2025Background
- Jeremy Jarvis, an iron worker, sustained multiple work-related injuries over several years, with significant injuries to his right elbow, right leg, and left wrist in 2001, and a subsequent injury in 2015.
- After the 2015 injury, Jarvis settled claims with his employers but sought additional benefits from the Missouri Second Injury Fund (the Fund), alleging preexisting disabilities combined with the new injury resulted in permanent total disability.
- Medical and vocational experts assessed Jarvis, with varying opinions about the severity and combinability of his preexisting injuries with the 2015 incident.
- The Administrative Law Judge (ALJ) determined only two of Jarvis's three claimed preexisting injuries met the statutory threshold (minimum 50 weeks of permanent partial disability); the left wrist did not qualify.
- The ALJ and Commission found Jarvis was permanently and totally disabled but was not entitled to Fund benefits because not all relied-upon preexisting disabilities were "qualified" under the statute.
- Jarvis appealed, arguing the Commission’s decisions about the statutory qualifications and sufficiency of the evidence were erroneous.
Issues
| Issue | Jarvis's Argument | Fund's Argument | Held |
|---|---|---|---|
| Whether all preexisting disabilities met the statutory 50-week threshold to qualify for Fund benefits | All preexisting injuries (including left wrist) meet or should meet the threshold; Commission undervalued left wrist disability | Only right elbow and right leg meet required threshold; left wrist does not qualify based on statutory criteria and evidence | Only two injuries qualify; left wrist does not meet 50-week requirement; Jarvis is ineligible for Fund benefits |
| Whether Commission’s rejection of Dr. Volarich’s assessment was supported by substantial evidence | Dr. Volarich’s report and Jarvis's testimony should prevail; Commission was required to accept them since uncontradicted | Commission made explicit credibility findings, rejecting Volarich as biased; left wrist evidence insufficiently documented | Commission's credibility determinations binding absent fraud; evidence supports rejection of left wrist as qualified |
| Whether Lalk's vocational opinion should have established permanent total disability based solely on the 2015 injury | Lalk’s testimony showed Jarvis was unemployable due to 2015 injury alone; Fund should be liable | Lalk’s hypothetical about injury alone does not trigger Fund liability; Fund only liable if disability results from combination of primary injury and qualified preexisting injuries | Fund not liable where permanent total disability results from primary injury alone; must be combination with qualifying preexisting injuries |
| Whether the Commission correctly applied and interpreted § 287.220.3 regarding Fund eligibility | Misapplied statute by not recognizing all preexisting injuries; statutory threshold not strictly required | Applied statute correctly to require only qualified preexisting disabilities combine with primary injury | Commission correctly applied the law, requiring only statutorily qualifying disabilities |
Key Cases Cited
- Templemire v. W & M Welding, Inc., 433 S.W.3d 371 (Mo. banc 2014) (workers’ compensation law must be strictly construed)
- Weaver v. Treasurer of Mo., 622 S.W.3d 178 (Mo. banc 2021) (clarifies Fund eligibility under § 287.220.3)
- Weibrecht v. Treasurer of Mo., 659 S.W.3d 588 (Mo. banc 2023) (discusses amendments limiting Fund eligibility)
- Safford v. Treasurer, 659 S.W.3d 580 (Mo. banc 2023) (claimant may not rely on non-qualifying preexisting disability)
- Greer v. SYSCO Food Servs., 475 S.W.3d 655 (Mo. banc 2015) (commission’s factual findings binding where evidence supports opposed findings)