Wright v. Treasurer of Missouri as Custodian of Second Injury Fund

Gary M. Gaertner, Jr., Judge

introduction

The Treasurer of the State of Missouri as Custodian of the Second Injury Fund (SIF) appeals the final award of the Labor and Industrial Relations Commission (Commission) awarding permanent total disability benefits to David Wright (Claimant). The SIF argues that the Commission erred in concluding Claimant met his burden to show that his injury arose out of and in the course of his employment, as defined by Section 287.020.3(2), RSMo. (Supp. 2005). We'affirm.

Background

On July 21, 2011, Claimant was an employee of Roto-Rooter Services Company (Employer).…