Kevin D. Wayman, Attorney at Law LLC

12620 Lamplighter Sq., Ste. 311
St. Louis, Missouri 63128
314-525-7177

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PERMANENT TOTAL DISABILTY CLAIM VERSUS THE SECOND INJURY FUND

 George Gxxxxxxx v. Quality Carriers:

This case involved an over the road truck driver who sustained a stroke which affected vision in one eye and had significant pre-existing disease and/or disabilities. The underlying workers’ compensation claim was settled with the employer for a relatively minor permanent partial disability associated with the ocular stroke and a claim remained against the Second Injury Fund. The Second Injury Fund case went to trial and the Administrative Law Judge, despite all evidence to the contrary, found the claimant able to return to work. This award was appealed to the Labor and Industrial Relations Commission who overturned the underlying Administrative Law Judge’s award and awarded permanent total disability to the claimant based on the combining disabilities of the primary injury and the pre-existing disabilities.