Section 250 8. provides:
“8. For an employee with multiple employments, as to the employee’s entitlement to any temporary total or temporary partial benefits only***, and for no other purposes, the employee’s total average weekly wage shall be equal to the sum of the total of the average weekly wage computed separately for each employment pursuant to the provisions of this section to which the employee is unable to return because of this injury.” (Emphasis added)
In Dalba v YMCA of Greater St. Louis, 69 S.W.3d 137 (Mo.App. E.D. 2002), claimant had one job at the YMCA and a second job. The issue was whether or not the 1998 Amendment to Section 287.250.8, which allowed claimant to obtain initial temporary total disability and/or temporary partial disability benefits from the Second Injury Fund based upon his combined wage from both employments is in fact a substantive change of the law and therefore not retroactive, as it would be, had it just been a procedural change. The court held it was that this change was not substantive.