Court Upholds Denial of Worker's PTD Claim Against Second Injury Fund

The Missouri Court of Appeals upheld the denial of benefits to an injured worker from the Second Injury Fund, finding he failed to prove the existence of at least one qualifying preexisting disability. Case: Phelps v. Treasurer, No. SD36998, 06/25/2021, published. Facts and procedural history: Gregory Phelps injured his left shoulder at work in April 2016. He filed a workers’ compensation claim against his employer which he later settled. Phelps also filed a claim against the Second Injury Fund asserting that he was entitled to permanent total disability benefits because of ...