Patrick v. Clark Oil & Refining Co.

SHRUM, Judge.

This is a workers’ compensation ease that presents two questions:

*415(1) Was the Labor and Industrial Relations Commission (Commission) correct when it ruled that § 287.220.91 (the dual employment statute that implicates the Second Injury Fund) was substantive and not susceptible to retroactive application as Claimant contends?(2) Did the Commission err when it computed Employee’s average weekly wage?

We answer “yes” to both questions. We affirm in part; we reverse and remand in part.

FACTS

Francis Patrick (Employee) held two employments at the time of his death on August 5, 1998. He…