A divided Missouri Supreme Court upheld a denial of permanent total disability benefits from the Second Injury Fund to a worker with multiple preexisting disabilities, finding he failed to prove his disabilities "directly and significantly aggravated or accelerated" his work injury.
Case: Swafford v. Treasurer, No. SC99563, 01/10/2023, published.
Facts: James Swafford worked as a hostler for the Waller Truck Co., despite having multiple preexisting disabilities.
First, he suffered from ankylosing spondylitis, a congenital condition causing his spine and rib bones to fuse together ...
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