Garibay v. Treasurer of Missouri

PUDLOWSKI, Presiding Judge.

Gilberto Garibay (Garibay) appeals the decision of the Labor and Industrial Relations Commission (Commission) denying him Second Injury Fund compensation. Garibay settled this claim with his employer and the sole issue was liability of the Second Injury Fund. Garibay’s claim was originally brought before an Administrative Law Judge (ALJ) who determined him to be permanently and totally disabled. The appeal by the Second Injury Fund to the Commission reversed the ALJ’s award and found that none of Gari-bay’s preexisting injuries were “industrially disabling.” This…