Cosby v. Drake Carpentry, Inc.

No. 14-003644 (Mo. Lab. & Indust. Rel. Comm’n. Aug. 16, 2017)
Full Opinion: [Cosby v. Drake Carpentry, Inc.]

Factual Background:

Claimant, a carpenter, injured his left knee when a ladder slipped out from under him. The claimant had a substantial number of prior injuries. His rating physician found PPD ratings of 30% of the left knee for the current injury, 15% of the left knee for a 1974 injury, 25% of the BAW for two hernias from 2002, 25% of the left shoulder for a 2004 injury, and 25% of the right shoulder for a 2008 surgery. 

ALJ Decision:

At the time of hearing, Claimant was still working as a carpenter and ALJ Zerrer did not believe he was permanently and totally disabled. The claimant was only pursuing PPD against the SIF due to this injury in combination with his prior injuries, as the claim against employer had already been settled. The ALJ ruled that due to the recent legislature amendments to section 287.200, Claimant was prohibited from making PPD claims against the SIF because his injury occurred after January 1, 2014.

Analysis/Holding:

The Commission decision was based on the harsh language of the recent amendments, which state that “[n]o claims for permanent partial disability occurring after January 1, 2014, shall be filed against the second injury fund.” The Commission agreed with the Gattenby decision that the new and more rigorous standards for proving a compensable claim of PTD apply only where the employee’s primary and pre-existing injuries both occurred after January 1, 2014. However, they said when it comes to PPD benefits from the SIF, the legislature was very clear that no benefits were owed.

The Commission affirmed the award and decision of the ALJ. 

The Takeaway:

Following the legislative amendments to 287.200, the SIF is only responsible for PTD benefits if the primary and pre-existing injuries both occurred after January 1, 2014. The SIF is only responsible for PPD if the primary injury occurred prior to January 1, 2014.