Liberty v. Treasurer for Missouri—Custodian of the Second Injury Fund

JAMES M. SMART, JR., Judge.

Arthur Liberty appeals the denial of his workers’ compensation claim in which he sought benefits for permanent total disability from Missouri’s Second Injury Fund. To the extent that the Commission purported to address the merits of the issue of Second Injury Fund liability, we vacate the Commission ruling. To the extent that the Commission determined that it lacked jurisdiction of the claim against the Second Injury Fund, we affirm.

Factual and Procedural Background

Arthur Liberty worked at Owens Corning, in Kansas City, Kansas, in various capacities doing heavy…