Suarez v. Treasurer of Missouri, Second Injury Fund

LAURA DENVIR STITH, Presiding Judge.

This is another in a series of eases presenting the issue whether retrospective effect should be given to that portion of the 1998 amendments to Section 287.220.1 which established threshold percentages of injury which must be sustained before Second Injury- Fund liability is triggered. Finding that this portion of the amendments should not be given retrospective effect, we reverse and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND

The basic facts are not in dispute. In August 1989, Mr. Suarez sustained a right shoulder injury arising in the course and scope of…