1. (§9.36) Amendment to § 287.220, RSMo
As noted in §9.23 above, The Workers’ Compensation Law was amended by the Missouri legislature in 2013 in an attempt to reduce the Fund’s financial exposure beginning January 1, 2014. The amendment created two different standards for compensation in § 287.220, now RSMo 2016, and each standard offers a differing approach or analysis for determining liability against the Second Injury Fund—depending on whether the case is governed by § 287.220.2 or § 287.220.3. The implications are significant.
If the work injury is governed by § 287.220.3, the Fund has no liability for permanent partial disability compensation. Similarly, there may be no Fund liability, even when the preexisting disability and primary (subsequent compensable) work injury worked together to create a permanent total disability.
A plain reading without consideration of all contingencies suggests that § 287.220.2 applies to work injuries occurring before January 1, 2014, and § 287.220.3 applies to work injuries occurring on or after January 1, 2014. Yet, if the work injury occurred on or after January 1, 2014, but the employee suffered a preexisting disability prior to this cutoff date, which provision applies? Because these statutory provisions cover the same subject matter and are unambiguous standing...
