Legal Opinion
Leutzinger v. Treasurer of Missouri Custodian of the Second Injury Fund
Missouri Court of Appeals
Decided January 31, 1995No. 65949PublishedCited by 42 opinions
1Opinion of the Court
PUDLOWSKI, Judge.
Claimant appeals a decision of the Labor and Industrial Relations Commission denying him compensation from the second injury fund. The Commission erred by using the old “industrial disability” standard, with re spect to previous conditions, instead of the new standard found in the legislature’s 1993 revision and clarification of § 287.220.1. We reverse and remand.
Claimant was employed by Crystal City Public Schools as a maintenance worker from 1981 to 1989. On August 26, 1987, he was moving boxes underneath a stadium stage when he injured his back.
The record shows that…
2Cases cited4 opinions
- Wolfgeher v. Wagner Cartage Service, Inc.Supreme Court of Missouri · 1983
- Vaughan v. Taft Broadcasting Co.Supreme Court of Missouri · 1986
- Wilhite v. HurdSupreme Court of Missouri · 1967
- Meilves v. MorrisSupreme Court of Missouri · 1968
3Cited by42 opinions
- Treasurer of the State v. WitteSupreme Court of Missouri · 2013
- Doe v. SmithKline Beecham Corp.Court of Appeals of Texas · 1993
- Messex v. Sachs Electric Co.Missouri Court of Appeals · 1999
- Garibay v. Treasurer of MissouriMissouri Court of Appeals · 1996
- Fletcher v. Second Injury FundMissouri Court of Appeals · 1996
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