Hutson v. Treasurer of Missouri as Custodian of Second Injury Fund

Missouri Court of Appeals

Hutson v. Treasurer of Missouri as Custodian of Second Injury Fund

391 S.W.3d 916, 2013 WL 542088, 2013 Mo. App. LEXIS 176

Missouri Court of Appeals·Decided February 13, 2013·No. No. ED 98653·Published

Opinion

ORDER

PER CURIAM.

Appellant Michael Hutson (“Hutson”) appeals from the decision of the Labor and Industrial Relations Commission (“Commission”) denying him compensation from the Second Injury Fund (“SIF”) for permanent partial disability benefits. The Commission found that Hutson’s resulting disability from his preexisting shoulder injury was 5%, which is less than the 15% of a major extremity needed to trigger SIF liability. On appeal, Hutson claims that the Commission’s decision is not supported by sufficient competent evidence in the record because a medical opinion from 1991 estimating Hutson’s preexisting right shoulder injury at 25% permanent partial disability was unrebutted.

We have reviewed the briefs of the parties, the legal file, and the record on appeal and find the claims of error to be without merit. No error of law appears. An extended opinion reciting the detailed facts and restating the principles of law applicable to this case would serve no jurisprudential purpose. The parties have been furnished with a memorandum for their information only, setting forth the reasons for our decision. We affirm the judgment pursuant to Mo. R. Civ. P. 84.16(b)(4).

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER

PER CURIAM.

Appellant Michael Hutson (“Hutson”) appeals from the decision of the Labor and Industrial Relations Commission (“Commission”) denying him compensation from the Second Injury Fund (“SIF”) for permanent partial disability benefits. The Commission found that Hutson’s resulting disability from his preexisting shoulder injury was 5%, which is less than the 15% of a major extremity needed to trigger SIF liability. On appeal, Hutson claims that the Commission’s decision is not supported by sufficient competent evidence in the record because a medical opinion from 1991 estimating Hutson’s preexisting right shoulder injury at 25% permanent partial disability was unrebutted.

We have reviewed the briefs of the parties, the legal file, and the record on appeal and find the claims of error to be without merit. No error of law appears. An extended opinion reciting the detailed facts and restating the principles of law applicable to this case would serve no jurisprudential purpose. The parties have been furnished with a memorandum for their information only, setting forth the reasons for our decision. We affirm the judgment pursuant to Mo. R. Civ. P. 84.16(b)(4).

Hutson v. Treasurer of Missouri as Custodian of Second Injury Fund, 391 S.W.3d 916, 2013 WL 542088, 2013 Mo. App. LEXIS 176 (Mo. Ct. App. 2013).

Pincite

391 S.W.3d 916 (Hutson v. Treasurer of Missouri as Custodian of Second Injury Fund) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.