Supreme Court of Missouri

Gary M. Weibrecht v. Treasurer of Missouri as Custodian of Second Injury Fund

January 10, 2023

Summary

The Court affirmed the Commission’s decision upholding the denial of Weibrecht’s post-hearing motions to reopen the record and submit additional evidence. It held the ALJ did not abuse her discretion because the governing statutory requirements were available before the hearing, the later judicial interpretation did not change Weibrecht’s burden, and he could have presented alternative evidence. The Court also rejected Weibrecht’s fairness-based arguments because the circumstances did not justify reopening the record.