Legal Opinion

Elmore v. Missouri State Treasurer as Custodian of the Second Injury Fund

Missouri Court of Appeals

Decided July 22, 2011No. SD 30906PublishedCited by 6 opinions

1Opinion of the Court

DON E. BURRELL, Judge.

Kathleen Elmore (“Claimant”) sought permanent total disability benefits from the Treasurer of the State of Missouri as Custodian for the Second Injury Fund (“the Fund”) after she incurred a hand injury while working as a hospital nurse. 1 The Fund is implicated because no one disputes that Claimant’s hand injury combined with her pre-existing fibromyalgia and back disabilities produced a greater degree of disability than that caused by her hand injury alone.

An Administrative Law Judge (“ALJ”) determined that Claimant’s combined disability was 10 percent greater to her…

2Cases cited23 opinions

  1. Hampton v. Big Boy Steel ErectionSupreme Court of Missouri · 2003
  2. State Board of Registration for the Healing Arts v. McDonaghSupreme Court of Missouri · 2003
  3. Kivland v. Columbia Orthopaedic Group, LLPSupreme Court of Missouri · 2011
  4. Landman v. Ice Cream Specialties, Inc.Supreme Court of Missouri · 2003
  5. ABB POWER T & D CO. v. KempkerMissouri Court of Appeals · 2007

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3Cited by6 opinions

  1. Katy Dierks v. Kraft Foods a/k/a Adair Foods Company, and Treasurer of the State of Missouri-Custodian of the Second Injury FundMissouri Court of Appeals · 2015
  2. Underwood v. High Road Industries, LLCMissouri Court of Appeals · 2012
  3. Ronald Lawrence v. Treasurer of the State of Missouri-Custodian of the Second Injury FundMissouri Court of Appeals · 2015
  4. Moreland v. EAGLE PICHER TECHNOLOGIES, LLCMissouri Court of Appeals · 2012
  5. Beine v. County of St. CharlesMissouri Court of Appeals · 2011

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