Steven A. Edelman
The Second Injury Fund (SIF) is a state fund of money that is administered by Missouri State Treasurer and the Missouri Attorney General’s Office (AGO). The SIF is represented by an attorney from the AGO who is called an Assistant Attorney General (AAG). The money that funds the SIF comes from the Missouri State Treasury. The Missouri State Treasurer gets its money to fund the SIF from surcharges on the premiums paid by all Missouri employers when they pay for their workers’ compensation insurance coverage.
The purpose of the SIF is to protect employers from permanent and total disability (PTD) cases when the employee is found to be PTD due to their last work injury at the employer in combination with their pre-existing medical conditions and injuries. See also explanation of the purpose of the SIF by the courts:
“The purpose of the Second Injury Fund is twofold: to encourage the employment of individuals who are already disabled; and to relieve an employer or his insurer of liability for the previously disabled employee’s total and permanent disability where that disability is not specifically attributable to an injury suffered during the period of employment with that employer.” Parker v. Treasurer of the State of Missouri as Custodian of the Second Injury Fund WD83030 (Mo. App. W.D. 2020) citing Hampton v. Big Boy Steel Erection, 121 S.W.3d 220 (Mo. banc 2003)
The injured worker’s pre-existing medical conditions and injuries have to meet specific requirements under Missouri law to be considered to combine with the last work injury at the employer. These requirements are stated in Missouri law under RSMo Section 287.220.3(2)(a) https://revisor.mo.gov/main/OneSection.aspx?section=287.220 which states that after January 1, 2014, all pre-existing injuries to combine against the SIF for PTD must meet the following:
“If any employee who has a preexisting permanent partial disability whether from compensable injury or otherwise, of such seriousness as to constitute a hindrance or obstacle to employment or to obtaining reemployment if the employee becomes unemployed, and the preexisting permanent partial disability, if a body as a whole injury, equals a minimum of fifty weeks of compensation or, if a major extremity injury only, equals a minimum of fifteen percent permanent partial disability, according to the medical standards that are used in determining such compensation, receives a subsequent compensable injury resulting in additional permanent partial disability so that the degree or percentage of disability, in an amount equal to a minimum of fifty weeks compensation, if a body as a whole injury or, if a major extremity injury only, equals a minimum of fifteen percent permanent partial disability, . . .” RSMo 287.220.2
AND
3. (1) All claims against the second injury fund for injuries occurring after January 1, 2014, and all claims against the second injury fund involving a subsequent compensable injury which is an occupational disease filed after January 1, 2014, shall be compensated as provided in this subsection.
(2) No claims for permanent partial disability occurring after January 1, 2014, shall be filed against the second injury fund. Claims for permanent total disability under section 287.200 against the second injury fund shall be compensable only when the following conditions are met:
(a) a. An employee has a medically documented preexisting disability equaling a minimum of fifty weeks of permanent partial disability compensation according to the medical standards that are used in determining such compensation which is:
(i) A direct result of active military duty in any branch of the United States Armed Forces; or
(ii) A direct result of a compensable injury as defined in section 287.020; or
(iii) Not a compensable injury, but such preexisting disability directly and significantly aggravates or accelerates the subsequent work-related injury and shall not include unrelated preexisting injuries or conditions that do not aggravate or accelerate the subsequent work-related injury;
https://revisor.mo.gov/main/OneSection.aspx?section=287.220
In summary, the pre-existing injuries or medical conditions that can combine must 1. Meet a 50 week threshold of disability; and be the result of either 2. Active duty military service, or 3. A direct result of a prior compensable work injury; or 4. the prior medical condition and injury must significantly aggravate or accelerate the work injury suffered at the employer.
If an injured worker is found to be PTD against the SIF, then the SIF is liable for paying the PTD value of the case, and the employer will only be liable for the work injury at the employer. An injured worker must file a claim against the SIF when they file the workers’ compensation case against the employer. An injured worker must list out the prior conditions and injuries on the claim that allege are disabling.
If you’ve been injured at work, then please immediately contact our law firm, and one of our skilled attorneys will be happy to discuss your rights and benefits under workers’ compensation law. Call us for a free consultation: 314-631-6777
Steven Edelman, Attorney