Treasurer of the State v. Stiers
388 S.W.3d 217
| Mo. Ct. App. | 2012Background
- Stiers filed a workers’ compensation claim against her employer and the Second Injury Fund for permanent total disability due to an occupational disease (repetitive motion injury).
- She had preexisting disabilities including a psychiatric condition, a learning disability, and prior injuries to the low back, left shoulder, and wrists.
- She settled with the employer for 32% PPD on the right arm and 80% PPD on the left arm; ALJ approved the settlement.
- An evidentiary hearing determined permanent total disability from the combination of preexisting disabilities and occupational disease, awarding benefits from the Second Injury Fund.
- The Commission affirmed, later holding an occupational disease can trigger Second Injury Fund liability; the Fund appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an occupational disease can trigger Second Injury Fund liability. | Stiers’ compensable injury includes occupational disease; it falls under §287.220. | Section 287.020.3(5) excludes occupational disease from the term ‘injury’ except as provided; funding should be limited to injuries by accident. | Occupational disease meeting §287.067 is a compensable injury, triggering the Fund. |
| Whether the distinction between injuries by accident and injuries by occupational disease affects Fund liability under §287.220. | KCP & L allows both categories to trigger liability; exclusivity does not apply to occupational disease claims. | Exclusive coverage is limited to injuries by accident; occupational disease not covered by §287.220. | Fund liability includes compensable injuries by occupational disease under §287.220. |
Key Cases Cited
- Endicott v. Display Techs., Inc., 77 S.W.3d 612 (Mo. banc 2002) (de novo review of purely legal statutory interpretation)
- Taylor v. Ballard R-II Sch. Dict., 274 S.W.3d 629 (Mo. App. 2009) (statutory interpretation guiding deference to Commission not required)
- KCP & L Greater Mo. Operations Co. v. Cook, 353 S.W.3d 14 (Mo. App. 2011) (injuries by accident vs. occupational disease; exclusivity distinction)