RECTOR v. Treasurer of Missouri as the Custodian of Second Injury Fund, Respondent. (2021)

Missouri Court of Appeals, Western District.

William RECTOR, Appellant-Respondent, v. COSENTINO ENTERPRISES, INC., Respondent-Appellant, Treasurer of Missouri as the Custodian of Second Injury Fund, Respondent.

WD 84497, WD 84516

Decided: December 28, 2021

Before Division Four: Cynthia L. Martin, C.J., Lisa White Hardwick, and Thomas N. Chapman, JJ.

John McKay, Kansas City, MO, Counsel for Appellant-Respondent. Abagail Pierpoint and James L. Nelson, Overland Park, KS, Counsel for Respondent-Appellant. Shelly Hinson, Kansas City, MO, Counsel for Respondent.

ORDER

William Rector appeals a decision of the Labor and Industrial Relations Commission, which determined, inter alia, that Rector was not entitled to permanent total disability benefits from either the Second Injury Fund or his employer, Cosentino Enterprises, Inc. (“Employer”), and that Rector was entitled to temporary total disability benefits from Employer for the period from May 20, 2016 to May 2, 2018. Rector raises two points on appeal: (1) that the Commission erred in denying Rector permanent total disability benefits from Employer as a result of his work injuries considered alone, and (2) that the Commission erred in denying Rector permanent total disability benefits from Employer due to the combination of his work injuries and his preexisting conditions. Employer also appeals, contending that the Commission erred in awarding temporary total disability benefits for the period awarded. We affirm. Rule 84.16(b).

Per Curiam:

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