Miller v. Treasurer

OPINION

AHRENS.

The Missouri State Treasurer, as Custodian of the Second Injury Fund, appeals the award of the Labor and Industrial Relations Commission in favor of Lawrence Miller. The Treasurer asserts that Miller’s pre-existing injury should not have been factored into the calculation of Fund liability because it hadn’t reached maximum medical improvement at the time of the primary injury. We reverse and vacate the Commission’s award and enter a modified award pursuant to our authority under Rule 84.14.

Background

Mr. Miller had worked assembling aircraft for Boeing since 1987. Three injuries…