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Second Injury Fund Has Liability for PTD Worker's Asymptomatic Pre-Existing Conditions

Thursday, July 9, 2020 | 266 | 0 | 263 min read

A Missouri appellate court upheld an award of benefits from the state Second Injury Fund for a permanently and totally disabled worker’s pre-existing but asymptomatic conditions. Case: Atchison v. Missouri State Treasurer, No. SD36431, 06/26/2020, published. Facts and procedural history: James Atchison suffered a herniated disk from a fall while at work in July 2008. The Labor and Industrial Relations Commission determined the injury created a 35% permanent partial disability. The commission also found Atchison had pre-existing degenerative disk disease and pre-existing degenerat...

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