Supreme Court of Missouri

Douglas Cosby, Appellant v. Treasurer of the State of Missouri as Custodian of the Second Injury Fund, Respondent.

June 25, 2019579 S.W.3d 202

Summary

The Court affirmed the Commission’s determination that Douglas Cosby could not recover permanent partial disability benefits from the Second Injury Fund because his compensable knee injury occurred after January 1, 2014. It held that the governing statute bars such claims regardless of when the claimant’s preexisting disabilities occurred and rejected Cosby’s open-courts, due-process, and equal-protection challenges. Judge Laura Denvir Stith, concurring in part and dissenting in part, would have interpreted the statute to permit Cosby’s claim based on his pre-2014 preexisting disability.