Walters v. Treasurer of the State of Missouri

Missouri Court of Appeals

Walters v. Treasurer of the State of Missouri

278 S.W.3d 241, 2009 Mo. App. LEXIS 333, 2009 WL 685325

CourtMissouri Court of Appeals

DecidedMarch 17, 2009

DocketED 91513

StatusPublished

This text of 278 S.W.3d 241 (Walters v. Treasurer of the 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

Walters v. Treasurer of the State of Missouri, 278 S.W.3d 241, 2009 Mo. App. LEXIS 333, 2009 WL 685325 (Mo. Ct. App. 2009).

Pincite

Opinion

*242 ORDER

PER CURIAM.

Appellant Richard Walters (“Walters”) appeals from the decision of the Labor and Industrial Relations Commission (“Commission”), which held that there was insufficient credible evidence to establish Second Injury Fund (“SIF”) liability for Walters’ October 2000 and April 2001 injuries.

On appeal Walters contends the Commission erred in not awarding Walters permanent partial disability and permanent total disability against the SIF because the Commission’s credibility determination of one of the expert witnesses was not supported by the evidence.

We have thoroughly reviewed the record and the briefs of the parties and find the Commission’s award is supported by competent and substantial evidence on the whole record. As the issue here is witness credibility, this Court gives due deference to the Commission’s ability to assess each witnesses testimony and weigh it accordingly. We find no error of law on the part of the Commission. Therefore, an opinion would serve no jurisprudential purpose. The judgment is affirmed pursuant to Rule 84.16(b)(4)(5).

AFFIRMED.

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*242 ORDER

PER CURIAM.

Appellant Richard Walters (“Walters”) appeals from the decision of the Labor and Industrial Relations Commission (“Commission”), which held that there was insufficient credible evidence to establish Second Injury Fund (“SIF”) liability for Walters’ October 2000 and April 2001 injuries.

On appeal Walters contends the Commission erred in not awarding Walters permanent partial disability and permanent total disability against the SIF because the Commission’s credibility determination of one of the expert witnesses was not supported by the evidence.

We have thoroughly reviewed the record and the briefs of the parties and find the Commission’s award is supported by competent and substantial evidence on the whole record. As the issue here is witness credibility, this Court gives due deference to the Commission’s ability to assess each witnesses testimony and weigh it accordingly. We find no error of law on the part of the Commission. Therefore, an opinion would serve no jurisprudential purpose. The judgment is affirmed pursuant to Rule 84.16(b)(4)(5).

AFFIRMED.

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Bluebook (online)

278 S.W.3d 241, 2009 Mo. App. LEXIS 333, 2009 WL 685325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walters-v-treasurer-of-the-state-of-missouri-moctapp-2009.