Supreme Court of Missouri

James Swafford v. Treasurer of Missouri as Custodian of Second Injury Fund

January 10, 2023

Summary

The Court affirmed the Commission’s denial of James Swafford’s claim for permanent total disability benefits from the Second Injury Fund. It held that the evidence showed, at most, some worsening or contribution from Swafford’s preexisting conditions, but did not establish that those conditions directly and significantly aggravated or accelerated his primary workplace injury as required by statute. The Court also held that the Commission properly evaluated the medical evidence and that its decision was supported by competent and substantial evidence.