Legal Opinion

Stark v. Missouri State Treasurer

Missouri Court of Appeals

Decided October 28, 1997No. WD 53680PublishedCited by 5 opinions

1Opinion of the Court

LOWENSTEIN, Judge.

This is a Second Injury Fund (“Fund”) claim filed for wage loss benefits under § 287.220.9, RSMb 1994. This particular subsection was enacted in 1993 and became effective on August 28, 1993, and by its own language, was to expire on August 28, 1996. Paraphrased, this subsection provided that when a work related injury was suffered by an employee who had two employers, the first employer would pay medical and “wage loss benefits” applicable “only to the earnings” of that employer. The injured employee could file with the Fund for “any additional wage loss attributed to the…

2Cases cited5 opinions

  1. Wilkes v. Missouri Highway & Transportation CommissionSupreme Court of Missouri · 1988
  2. Garibay v. Treasurer of MissouriMissouri Court of Appeals · 1996
  3. Fletcher v. Second Injury FundMissouri Court of Appeals · 1996
  4. Thibodeau v. Estate of WilkinsonMissouri Court of Appeals · 1992
  5. Feldman v. Sterling PropertiesMissouri Court of Appeals · 1995

3Cited by5 opinions

  1. Goad v. Treasurer of the StateMissouri Court of Appeals · 2011
  2. Dalba v. YMCA of Greater St. LouisMissouri Court of Appeals · 2002
  3. Patrick v. Clark Oil & Refining Co.Missouri Court of Appeals · 1998
  4. Cox v. CollinsMissouri Court of Appeals · 2006
  5. Seiferd v. Distinctive Service & Sign Erection, Inc.Missouri Court of Appeals · 1998

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