Peters v. Treasurer of Missouri

PATRICIA L. COHEN, Judge.

Introduction

The Second Injury Fund (Fund) appeals from a decision of the Labor and Industrial Relations Commission (Commission) finding that the Fund was liable to Kathleen Peters (Claimant) for permanent partial disability (PPD) benefits based on shoulder overuse syndrome, an occupational disease. The Fund contends the Commission erred in awarding workers’ compensation benefits to Claimant because an occupational disease is not a compensable injury for purposes of triggering Fund liability. We affirm.

Factual and Procedural Background

In November 2007, Claimant was…