Legal Opinion

Loven v. Greene County

Missouri Court of Appeals

Decided November 21, 2001No. 23910PublishedCited by 10 opinions

1Opinion of the Court

PHILLIP R. GARRISON, Judge.

The decisive issue in this workers’ compensation case is whether Tommy Loven’s (“Employee’s”) morbid obesity was a preexisting permanent partial disability and constitutes the basis for an award against the Second Injury Fund (the “Fund”). Under the facts here, we hold that the Labor and Industrial Relations Commission (the “Commission”) erred in entering an award against the Fund.

Employee sustained a back injury on July 29, 1997 (the “back injury”), when he fell while turning over a 200 pound truck tire for the purpose of repairing it for his employer, Greene…

2Cases cited33 opinions

  1. Davis v. Research Medical CenterMissouri Court of Appeals · 1995
  2. Wilhite v. HurdSupreme Court of Missouri · 1967
  3. Leutzinger v. Treasurer of Missouri Custodian of the Second Injury FundMissouri Court of Appeals · 1995
  4. Martin v. Mid-America Farm Lines, Inc.Supreme Court of Missouri · 1989
  5. Meilves v. MorrisSupreme Court of Missouri · 1968

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

3Cited by10 opinions

  1. Hampton v. Big Boy Steel ErectionSupreme Court of Missouri · 2003
  2. Houston v. Roadway Express, Inc.Missouri Court of Appeals · 2004
  3. Gassen v. LienbengoodMissouri Court of Appeals · 2004
  4. Sylvester Lewis, Claimant/Respondent v. Treasurer of the State of Missouri, Custodian of the Second Injury FundMissouri Court of Appeals · 2014
  5. Concepcion v. Lear Corp.Missouri Court of Appeals · 2005

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API