Legal Opinion

Joanne Carter v. Treasurer of the State of Missouri as custodian of The Second Injury Fund

Missouri Court of Appeals

Decided October 25, 2016No. WD79437PublishedCited by 2 opinions

1Opinion of the Court

LISA WHITE HARDWICK, JUDGE

Missouri State Treasurer, as Custodian of the Second Injury Fund (“Fund”), appeals the circuit court’s judgment granting Joanne Carter’s motion to enforce her deceased husband’s workers’ compensation award by ordering the Fund to pay his permanent total disability benefits to her, The Fund contends the court had no authority to make findings not originally made in the workers’ compensation award and to award benefits that were not originally awarded. For reasons explained herein, we reverse the circuit court’s judgment.

Factual and Procedural History

On January 25,…

2Cases cited4 opinions

  1. Macon County Emergency Services Board v. Macon County Commission, Alan Wyatt, in his official capacity as a Macon County Commissioner, Drew Belt, in his official capacity as a Macon County Commissioner, and Jon Dwiggins, in his official capacity as a Macon County CommissionerSupreme Court of Missouri · 2016
  2. Green v. McKayCourt of Appeals of Texas · 2012
  3. Roller v. SteelmanMissouri Court of Appeals · 2009
  4. State ex rel. ISP Minerals, Inc., Relator v. The Labor and Industrial Relations CommissionSupreme Court of Missouri · 2015

3Cited by2 opinions

  1. Carter v. Treasurer of the StateMissouri Court of Appeals · 2017
  2. State of Missouri, Ex Rel., Jeff Peters and John Newman v. Scott Fitzpatrick, Treasurer, State of Missouri and Colleen Joern Vetter, Director of the Missouri Division of Workers' CompensationMissouri Court of Appeals · 2023

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