Hornbeck v. Spectra Painting, Inc.

MARY R. RUSSELL, Judge.

This workers’ compensation appeal raises the question of whether the 15-percent statutory violation penalty under section 287.120.41 applies to an employee’s compensation award from the Second Injury Fund (SIF).2 This Court finds that the section 287.120.4 penalty is inapplicable to the claimant’s award from the SIF.

For the reasons explained below, the Labor and Industrial Relations Commission’s decision in this case is affirmed as modified by this opinion.

I. Background

Terry Hornbeck was employed by Spectra Painting, Inc., as a painter and drywall taper. He suffered a…