Portwood v. Treasurer of Missouri-Custodian of the Second Injury Fund

JOSEPH M. ELLIS, Judge.

Gary Portwood (“Appellant”) appeals a decision of the Labor and Industrial Relations Commission (“the Commission”) denying Second Injury Fund (“the Fund”) liability. We affirm.

Appellant settled his primary claim against his employer, Golden Valley Memorial (“Employer”), and its insurer, leaving the Fund as the remaining party. At the hearing, the parties stipulated to the following facts. Appellant sustained a shoulder injury from an accident arising out of and in the course of his employment with Employer. The shoulder injury resulted in a 25% permanent partial…