Feld v. TREASURER OF STATE OF MISSOURI

Missouri Court of Appeals

Feld v. TREASURER OF STATE OF MISSOURI

238 S.W.3d 699, 2007 Mo. App. LEXIS 1388, 2007 WL 2916132

CourtMissouri Court of Appeals

DecidedOctober 9, 2007

DocketED 89732

StatusPublished

This text of 238 S.W.3d 699 (Feld v. TREASURER OF STATE OF MISSOURI) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Feld v. TREASURER OF STATE OF MISSOURI, 238 S.W.3d 699, 2007 Mo. App. LEXIS 1388, 2007 WL 2916132 (Mo. Ct. App. 2007).

Pincite

Opinion

MEMORANDUM DECISION

PER CURIAM.

Appellant Kim Feld (“Feld”) appeals from the decision of the Labor and Industrial Relations Commission (“Commission”), which held that Feld suffered a permanent partial disability, which resulted from a combination of the disability he suffered by the primary injury and the preexisting disabilities of his anide, neck, and back. Additionally, the Commission found that Feld suffered a permanent partial disability of 80% of the body as a whole as a result of the primary injury. Accordingly, the Commission’s award required the employer to pay Feld weekly installments of $249.48 (permanent partial disability rate) for a 320 week period (80% of 400 weeks) beginning February 24, 1999. Thereafter, the Commission ordered the Second Injury Fund to pay Feld weekly payments of $476.38 (permanent total disability rate) for his permanent total disability benefit for his lifetime or until modified by law.

Feld brings one claim of error arguing that the Commission erred in assessing permanent partial disability liability to the employer because Feld’s disability was “unique” in that the disability was caused by both the 1984 surgery and the 1994 *700 work injury. This “unique” set of facts, according to Feld, precludes the Commission from assessing permanent partial liability to employer under section 287.220.1 RSMo. (2000) 1 because the last injury cannot be considered alone and of itself.

We have thoroughly reviewed the record and the briefs of the parties. The order of the Commission is supported by competent and substantial evidence on the whole record and no error of law appears. Therefore, an opinion would serve no jurisprudential purpose. The judgment is affirmed pursuant to Rule 84.16(b)(4)(5).

AFFIRMED.

1

. All statutory references are to RSMo. (2000).

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MEMORANDUM DECISION

PER CURIAM.

Appellant Kim Feld (“Feld”) appeals from the decision of the Labor and Industrial Relations Commission (“Commission”), which held that Feld suffered a permanent partial disability, which resulted from a combination of the disability he suffered by the primary injury and the preexisting disabilities of his anide, neck, and back. Additionally, the Commission found that Feld suffered a permanent partial disability of 80% of the body as a whole as a result of the primary injury. Accordingly, the Commission’s award required the employer to pay Feld weekly installments of $249.48 (permanent partial disability rate) for a 320 week period (80% of 400 weeks) beginning February 24, 1999. Thereafter, the Commission ordered the Second Injury Fund to pay Feld weekly payments of $476.38 (permanent total disability rate) for his permanent total disability benefit for his lifetime or until modified by law.

Feld brings one claim of error arguing that the Commission erred in assessing permanent partial disability liability to the employer because Feld’s disability was “unique” in that the disability was caused by both the 1984 surgery and the 1994 *700 work injury. This “unique” set of facts, according to Feld, precludes the Commission from assessing permanent partial liability to employer under section 287.220.1 RSMo. (2000) 1 because the last injury cannot be considered alone and of itself.

We have thoroughly reviewed the record and the briefs of the parties. The order of the Commission is supported by competent and substantial evidence on the whole record and no error of law appears. Therefore, an opinion would serve no jurisprudential purpose. The judgment is affirmed pursuant to Rule 84.16(b)(4)(5).

AFFIRMED.

1

. All statutory references are to RSMo. (2000).

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Bluebook (online)

238 S.W.3d 699, 2007 Mo. App. LEXIS 1388, 2007 WL 2916132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feld-v-treasurer-of-state-of-missouri-moctapp-2007.