Recent Missouri Rulings May Make Some Workers’ Comp Claims More Complicated, Costly

Two recent Missouri court rulings on workers’ compensation claims could make it more complicated and costly for employers. The rulings, one in the Missouri Supreme Court and one in the Missouri Court of Appeals, make it harder for workers to gain permanent disability payments from what’s called the Second Injury Fund. The fund is a state-run program designed to encourage employers to hire workers with pre-existing disabilities by assuming some responsibility for the increased risk and higher costs for obtaining workers’ comp insurance. If an employee with a pre-existing partial disability suffers a new work-related injury that results in a greater degree of disability when combined with the earlier condition, the fund covers a portion of the wage replacement and medical expenses, especially if the worker is deemed totally and permanently disabled. The new rulings looked at cases where the pre-existing injury was an “occupational disease” rather than an “acute injury.” For occupational disease, think carpal tunnel or another kind of repetitive injury. An acute injury would be a trauma that can be traced to a specific event; for instance, an employee falling and suffering a severe back injury.