KRUEGER v. STATE FULTON STATE HOSPITAL (2020)

Missouri Court of Appeals, Western District.

James H. KRUEGER, Appellant, v. STATE of Missouri – FULTON STATE HOSPITAL and Treasurer of the State of Missouri, Custodian of the Second Injury Fund, Respondents.

WD 83403

Decided: September 29, 2020

Division Two: Karen King Mitchell, Presiding Judge, Anthony Rex Gabbert, Judge and W. Douglas Thomson, Judge

Elizabeth W. Skinner, for Appellant. David L. McCain, Jr., for Respondent Fulton State Hospital. Madalyn J. Campbell, for Respondent Second Injury Fund.

ORDER

James H. Krueger appeals from the final award of the Missouri Labor and Industrial Relations Commission affirming the Division of Workers' Compensation's award of permanent partial disability benefits but denying permanent total disability benefits, future medical treatment, past medical reimbursement and compensation from the Second Injury Fund. On appeal, Krueger asserts the Commission erred in its final award in (1) failing to find that Krueger sustained permanent total disability; (2) finding that Krueger did not prove he was permanently and totally disabled; (3) failing to conduct a proper legal analysis under section 287.220.3; and (4) concluding that Krueger is not entitled to past or future medical treatment. We affirm. Rule 84.16(b).

PER CURIAM:

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