Treasurer of the State of Missouri – Custodian of the Second Injury Fund v. Diana Penney

Summary

The Court held that a preexisting occupational disease does not qualify as a qualifying preexisting disability under section 287.220.3(2)(a)a(ii), which requires a disability to result directly from a compensable injury as defined in section 287.020. Because section 287.020 addresses accidental injuries and expressly excludes occupational diseases, Penney could not rely on her prior repetitive-use conditions to establish entitlement to permanent total disability benefits from the Second Injury Fund. The Commission's award was reversed.