Shepard v. Yellow Transportation

352 S.W.3d 681, 2011 Mo. App. LEXIS 1538, 2011 WL 5553714

• Court: Missouri Court of Appeals
• Decided: November 15, 2011
• Docket: ED 96418, ED 96419, ED 96420
• Status: Published

Opinion

ORDER

PER CURIAM.

Wilbert R. Shepard (Employee) appeals the Labor and Industrial Relations Commission (Commission) denial of liability of the Second Injury Fund (SIF) on two claims, and finding of partial liability on a third.

Employee filed three separate worker’s compensation claims against his employer and SIF. Employee and Employer eventually entered into a Settlement Agreement regarding those injuries. SIF was not a party to that agreement. The three claims were consolidated and a hearing was held to determine SIF’s liability. The Administrative Law Judge (ALJ) found SIF liable for permanent partial disability on the first and second claim, and for permanent total disability on the third. Both parties appealed. The Commission reversed the ALJ’s decision as to the first two injuries, and modified it as to the third, finding SIF liable for partial disability benefits only.

On appeal, Employee cites multiple errors in the Commission’s decision.

We have reviewed the briefs and the Record on Appeal, and find no error of law in this case. Thus, a written opinion would have no precedential value. The parties have been provided with a memorandum for their information only, setting forth the reasons for this order. The decision is affirmed pursuant to Rule 84.16(b).

AFFIRMED.