HANES v. MISSOURI DEPARTMENT OF CORRECTIONS (2023)

Missouri Court of Appeals, Western District.

Carl HANES, Appellant, v. MISSOURI DEPARTMENT OF CORRECTIONS and Treasurer of Missouri as Custodian of the Second Injury Fund, Respondents.

WD 85682

Decided: May 02, 2023

Before Division One: W. Douglas Thomson, Presiding Judge, and Lisa White Hardwick and Karen King Mitchell, Judges

Eric T. Lanham, Kansas City, KS, Attorney for Appellant. Andrew Bailey, Attorney General, Jefferson City, MO, and Shelly L. Hinson, Assistant Attorney General, Kansas City, MO, Attorneys for Respondent Missouri Department of Corrections. Andrew Bailey, Attorney General, and David L. McCain, Jr., Deputy Chief Counsel, Governmental Affairs, Jefferson City, MO, Attorneys for Respondent Treasurer of Missouri as Custodian of the Second Injury Fund.

Order

Carl Hanes appeals from a decision of the Labor and Industrial Relations Commission denying his claim for workers’ compensation benefits. Hanes raises three claims on appeal: (1) the Commission erred in finding that Hanes did not provide timely notice of occupational disease to his employer as required by § 287.127.1(2);¹ (2) the Commission erred in finding that Hanes did not suffer an occupational disease that arose out of and in the course of his employment; and (3) the Commission erred in failing to award disability benefits from the Second Injury Fund. Finding no error, we affirm. Rule 84.16(b).

FOOTNOTES

1. All statutory citations are to the Revised Statutes of Missouri, Supp. 2014.

Per Curiam:

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