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Elrod v. Treasurer of Missouri as Custodian of the Second Injury Fund6/8/2004
rtial disability against the Fund, Elrod must prove that her present compensable injury, combined with pre-existing permanent-partial disabilities, causes greater overall disability than the sum of the disabilities independently. Cartwright v. Wells Fargo Armored Serv., 921 S.W.2d 165, 167 (Mo. App. 1996). She must prove the nature and extent of any disability by a reasonable degree of certainty. Downing v. Willamette Industries, Inc., 895 S.W.2d 650, 655 (Mo. App. 1995).
Here, the Commission found pre-existing morbid obesity, diabetes, and resulting complications, necessitating at least 60 medications for various problems. The Commission found her evidence credible.
Elrod met the burden that her pre-existing injuries, coupled with the knee injury, caused a greater disability than the sum of independent injuries. The Commission's award of permanent-partial-disability benefits against the Fund is supported by sufficient competent evidence.
Elrod did not, however, prove permanent-total disability, which is the inability to return to any reasonable or normal employment. Brown v. Treasurer of Missouri, 795 S.W.2d 479, 483 (Mo. App. 1990). The central question is whether a reasonable employer would hire Elrod in her present condition. Id.
Total disability preventing reasonable employment must be more than post-accident worsening of pre-existing disabilities. Lawrence v. Joplin R-VIII School Dist., 834 S.W.2d 789, 793 (Mo. App. 1992). Elrod must show that the worsening was caused or aggravated by the primary injury. Id.
Elrod did not meet this burden. True, medical testimony showed she was unemployable, and could not perform a sedentary job. However, the doctors attributed this to neuropathy in her hands caused by pre-existing diabetes--not her knee injury. Further, Elrod presented no evidence that her knee injury and pre-existing injuries combined to make her totally disabled. The Commission's award is supported by sufficient competent evidence.
IV.
The Commission properly held that Elrod's claim against the Second Injury Fund was within the statute of limitations in section 287.430. Further, there is sufficient competent evidence that she is entitled to benefits for permanent-partial disability, but not permanent-total disability.
The award of the Commission is affirmed.
All concur.
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