Circuits Split on Whether Enhanced PPD Award Can Count in Determining Fund Liability

The Missouri Court of Appeals now has a split among its districts, with the Southern District ruling that a prior enhanced permanent partial disability award cannot be used to add weeks of compensation to an otherwise nonqualifying injury to trigger the liability of the Second Injury Fund. Case: Walton v. Treasurer, No. SD38504, 03/20/2025, published. Facts: Mark Walton worked as a diesel mechanic. He injured his left shoulder at work in 1992, and he received an award for a 20% permanent partial disability. Walton injured his back at work in 2005. He received a PPD award for a 30% disabilit...