MARK WALTON v. TREASURER OF MISSOURI AS CUSTODIAN OF SECOND INJURY FUND
SD38504
| Mo. Ct. App. | Mar 20, 2025Background
- Mark Walton appealed the Missouri Labor and Industrial Relations Commission’s denial of permanent total disability (PTD) benefits from the Second Injury Fund (the Fund).
- Walton had a 1992 left shoulder injury (20% permanent partial disability, or PPD — 46.4 weeks) and a 2005 lower back injury (30% PPD BAW — 120 weeks), for which he also received 16.64 weeks of "enhanced PPD" due to the combined effect of both injuries.
- In 2017, Walton suffered a new, serious primary injury (concussion and multiple other injuries), and claimed PTD benefits from the Fund under Mo. Rev. Stat. § 287.220.3.
- Under the 2013 amendment to § 287.220, a qualifying prior injury for Fund PTD benefits must constitute at least 50 weeks of PPD, evaluated individually.
- The Commission found Walton’s left shoulder injury (46.4 weeks) did not meet the 50-week threshold and rejected his argument that a portion of the enhanced PPD could be added to reach 50 weeks.
Issues
| Issue | Walton's Argument | Fund's Argument | Held |
|---|---|---|---|
| Whether a portion of prior enhanced PPD can be added to an otherwise non-qualifying PPD injury to meet the 50-week requirement for PTD Fund benefits | Walton argued that by adding a portion of the enhanced PPD (4.64 weeks) to the 46.4 weeks from the left shoulder, the injury meets the 50-week threshold | The Fund argued that §287.220.3 requires each prior injury to independently meet the 50-week threshold; enhanced PPD (arising from a combination of injuries) cannot be apportioned to a single injury | The court held that only discrete PPD awards count toward the threshold; enhanced PPD cannot be used to supplement an individual injury. The Commission’s denial was affirmed. |
Key Cases Cited
- Searcy v. McDonnell Douglas Aircraft Co., 894 S.W.2d 173 (Mo. App. E.D. 1995) (employer/Fund liability distinction for successive injuries)
- Parker v. Treasurer of State, 622 S.W.3d 178 (Mo. banc 2021) (interpretation of Fund liability after the 2013 amendment)
- Klecka v. Treasurer of Mo., 644 S.W.3d 562 (Mo. banc 2022) (preexisting disability must meet 50-week threshold individually)
- Phelps v. Missouri State Treasurer, 629 S.W.3d 47 (Mo. App. S.D. 2021) (each preexisting condition must meet the statutory threshold)
- Naeter v. Treasurer of Mo., 576 S.W.3d 233 (Mo. App. E.D. 2019) (courts must strictly construe workers’ compensation statutes)