James Eckardt, Appellant/Cross-Respondent v. Treasurer of Missouri as Custodian of the Second Injury Fund…

Summary

The Court affirmed the denial of permanent total disability benefits from the Second Injury Fund. It held that Eckardt’s right shoulder condition did not qualify as a preexisting disability because it amounted to fewer than 50 weeks of permanent partial disability and could not be increased by a load factor. The Court further held that Eckardt failed to prove his primary injury caused permanent total disability when combined only with qualifying preexisting disabilities because his sole medical expert relied on the non-qualifying right shoulder injury. The Court did not reach the Fund’s cross-appeal concerning occupational diseases.