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Case Name | Treasurer of State of Missouri-Custodian of 2nd Injury Fund v. Stiers | |
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Date | 10/09/2012 | |
Note | An occupational disease qualifies as a 'compensable injury' for purposes of triggering fund liability. | |
Citation | WD 75101 | |
WCC Citation | WCC 2252012 MO |
TREASURER OF STATE OF MISSOURI-CUSTODIAN OF SECOND INJURY FUND v. STIERS TREASURER OF THE STATE OF MISSOURI-CUSTODIAN OF THE SECOND INJURY FUND, Appellant, v. GLORIA STIERS, Respondent. The Second Injury Fund contends the Commission's award was erroneous because an occupational disease does not qualify as a "compensable injury" for purposes of triggering Second Injury Fund liability under the workers' compensation statutes. ANALYSIS The Second Injury Fund contends the Commission erred in awarding Stiers compensation from the Fund because an occupational disease is not a "compensable injury" for the purpose of triggering Second Injury Fund liability under Section 287. 220, RSMo 2000. Because Section 287. 220, the statute prescribing Second Injury Fund liability, refers to an "injury" triggering the Fund's liability and does not specifically refer to an "injury by occupational disease," the Fund argues that only an injury by accident can trigger Second Injury Fund liability. Therefore, an injury by occupational disease that is compensable under Section 287. 067 constitutes a "compensable injury" triggering Second Injury Fund liability under Section 287. 220.
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