Legal Opinion

Smart v. Missouri State Treasurer

Missouri Court of Appeals

Decided January 17, 1996No. 20487PublishedCited by 15 opinions

1Opinion of the Court

PARRISH, Judge.

Charles E. Smart (claimant) appeals an order of the Labor and Industrial Relations Commission (the Commission) denying his claim for workers’ compensation benefits against the Second Injury Fund (sometimes hereafter referred to as “the Fund”). The Commission relied on § 287.220.1 1 in denying the claim. Claimant contends, among other things, that this was a misapplication of law because the injury upon which he based his claim occurred before the effective date of the 1993 amendments to the statute; that the law in effect when his current injury occurred permits recovery from…

2Cases cited15 opinions

  1. Society for the Propagation of the Gospel v. WheelerU.S. Circuit Court for the District of New Hampshire · 1814
  2. Doe v. Roman Catholic Diocese of Jefferson CitySupreme Court of Missouri · 1993
  3. Wilhite v. HurdSupreme Court of Missouri · 1967
  4. Leutzinger v. Treasurer of Missouri Custodian of the Second Injury FundMissouri Court of Appeals · 1995
  5. Department of Social Services v. Villa Capri Homes, Inc.Supreme Court of Missouri · 1985

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3Cited by15 opinions

  1. Treasurer of the State v. WitteSupreme Court of Missouri · 2013
  2. Garibay v. Treasurer of MissouriMissouri Court of Appeals · 1996
  3. Fletcher v. Second Injury FundMissouri Court of Appeals · 1996
  4. Vaught v. Vaughts, Inc./Southern Missouri ConstructionMissouri Court of Appeals · 1997
  5. Motton v. Outsource InternationalMissouri Court of Appeals · 2002

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