Legal Opinion

Garibay v. Treasurer of the State

Missouri Court of Appeals

Decided March 3, 1998No. 72652PublishedCited by 5 opinions

1Opinion of the Court

KAROHL, Judge.

Claimant, for the third time, appeals an award of the Labor and Industrial Relations Commission (the Commission) denying benefits from the Second Injury Fund (the Fund). On January 16, 1989, claimant sustained an injury to his left shoulder. His claim against his employer was settled. An Administrative Law Judge (AL J) heard his claim against the Fund which was based upon allegations of prior disabilities of “morbid obesity, sleep apnea and previous injuries to the ‘left lower extremity’ and ‘right upper extremity.’ ” The ALJ found claimant was permanently and totally disabled…

2Cases cited7 opinions

  1. Davis v. Research Medical CenterMissouri Court of Appeals · 1995
  2. Meilves v. MorrisSupreme Court of Missouri · 1968
  3. Garibay v. Treasurer of MissouriMissouri Court of Appeals · 1996
  4. Roby v. Tarlton Corp.Missouri Court of Appeals · 1987
  5. Marriage of Hankins v. HankinsMissouri Court of Appeals · 1993

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Messex v. Sachs Electric Co.Missouri Court of Appeals · 1999
  2. Loven v. Greene CountyMissouri Court of Appeals · 2001
  3. Portwood v. Treasurer of Missouri-Custodian of the Second Injury FundMissouri Court of Appeals · 2007
  4. Christopher Klecka, Claimant/Appellant v. Treasurer of Missouri as Custodian of the Second Injury FundMissouri Court of Appeals · 2021
  5. Walls v. Treasurer of MissouriMissouri Court of Appeals · 2006

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