Legal Opinion

Otte v. Missouri State Treasurer

Missouri Court of Appeals

Decided August 10, 2004No. ED 83308PublishedCited by 8 opinions

1Opinion of the Court

LAWRENCE G. CRAHAN, Judge.

The Missouri State Treasurer (“Treasurer”) as custodian of the Second Injury Fund (“SIF”) appeals the denial of her motions to dismiss and to quash an application for execution against the SIF on the ground of sovereign immunity. We reverse and remand with directions to dismiss.

David Otte (“Employee”) was partially paralyzed in a car accident. The Labor and Industrial Relations Commission determined that the accident arose in the course of employment and that the SIF was liable for medical expenses pursuant to section 287.220.5 RSMo 1 since the employer did not have…

2Cases cited10 opinions

  1. Bachtel v. Miller County Nursing Home DistrictSupreme Court of Missouri · 2003
  2. State Ex Rel. McDowell, Inc. v. SmithSupreme Court of Missouri · 1933
  3. Nacy v. LepageSupreme Court of Missouri · 1937
  4. St. Louis County v. B.A.P., Inc.Missouri Court of Appeals · 2000
  5. Williams v. KimesSupreme Court of Missouri · 1999

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3Cited by8 opinions

  1. Wyman v. Missouri Department of Mental HealthMissouri Court of Appeals · 2012
  2. State of Missouri, ex rel Jerry Scherschel v. City of Kansas City, MissouriMissouri Court of Appeals · 2015
  3. Derleth v. DerlethMissouri Court of Appeals · 2014
  4. State Ex Rel. Otte v. Missouri State TreasurerMissouri Court of Appeals · 2005
  5. State ex rel. Saint Louis Charter School v. State Board of EducationMissouri Court of Appeals · 2014

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