MURPHY v. TREASURER OF MISSOURI (2026)

Missouri Court of Appeals, Western District.

Ruth MURPHY, Appellant, v. TREASURER OF MISSOURI as Custodian of Second Injury Fund, Respondent.

WD 88012

Decided: January 13, 2026

Before Division One: Janet Sutton, Presiding Judge, Gary D. Witt, Judge, and W. Douglas Thomson, Judge

David Bony, Kansas City, MO, counsel for Appellant. Dakkota Huber, Excelsior Springs, MO, counsel for Respondent.

ORDER

Ruth Murphy appeals the Labor and Industrial Relations Commission's (the Commission) final award denying her permanent total disability (PTD) benefits from the Second Injury Fund (the Fund). In her first point on appeal, Murphy claims that the Commission erred in denying her Fund benefits because the Commission incorrectly determined the date of her primary injury. In her second point, Murphy contends that the Commission's finding, that a preexisting non-qualifying injury was included in a doctor's determination that she is permanently and totally disabled, was not supported by sufficient competent evidence. For reasons stated in the memorandum provided to the parties, the Commission's final award is affirmed in accordance with Rule 84.16(b).

Per Curiam:

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