SOUTHERLAND v. TREASURER OF STATE (2021)

Missouri Court of Appeals, Western District.

Dwayne SOUTHERLAND, Appellant, v. TREASURER OF the STATE of Missouri, as Custodian of the Second Injury Fund, Respondent.

WD 84419

Decided: December 14, 2021

Division One: W. Douglas Thomson, Presiding Judge, Alok Ahuja, Judge and Karen King Mitchell, Judge

Benjamin B. Nelson, Columbia, for Appellant. Taylor Ordnung, for Respondent.

ORDER

Dwayne Southerland appeals from the final award of the Missouri Labor and Industrial Relations Commission affirming the Division of Workers’ Compensation's award denying compensation from the Second Injury Fund. On appeal, Southerland asserts the Commission erred in its final award in: (1) finding Southerland was permanently and totally disabled as a result of the last injury alone rather than due to a combination of his pre-existing conditions and the last injury; (2) finding Southerland was permanently and totally disabled as a result of the last injury to the left shoulder alone, as opposed to a combination of his pre-existing left shoulder injury and his last injury to his left shoulder; and (3) making an incomplete analysis of Second Injury Fund liability. We affirm. Because a published opinion would have no precedential value, we have provided an unpublished memorandum to the parties which sets forth the reasons for this order. Rule 84.16(b).

PER CURIAM:

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