Supreme Court of Missouri

Thomas Dubuc v. Treasurer of the State of Missouri Custodian of the Second Injury Fund

January 10, 2023

Summary

The Court affirmed the Commission’s denial of Dubuc’s Second Injury Fund claim. It held that the specific remand required the Commission to apply the governing statutory standard to the existing record and did not authorize additional discovery or evidence. The Court further held that Dubuc’s self-reported hernia history was not medically documented and that the record did not show his preexisting conditions directly and significantly aggravated or accelerated his primary injury.