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Second Injury Fund Not Liable to Worker Who Was Already PTD

Wednesday, October 23, 2019 | 0

A Missouri appellate court ruled that the state’s Second Injury Fund was not liable for benefits to a worker who injured his back, since he was permanently and totally disabled before his most recent industrial accident. Case: Wurth v. Treasurer, No. ED107335, 10/08/2019, published. Facts: James Wurth worked for Commercial Electronics Inc. In 2008, Wurth injured his back while carrying a heavy box at work. He filed a workers’ compensation claim against Commercial and the Second Injury Fund. Commercial settled the claim by accepting liability for a 25% disability to the body as a ...

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