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Motton v. Outsorce International6/11/2002
pressed in terms of percentages. Attorney's Textbook of Medicine, section 181.01 (Gray and Gordy eds.) (2000).
The use of the terms "major extremity" and "medical standards" with a percentage of disability is consistent. It indicates that the legislature intended to make a simple 15% disability to a major extremity the threshold rather than attempt a more complex formula based on weeks of disability to various body parts at various levels.
The use of the disability percentage rather than the weeks standard does not make the statute ambiguous. The legislature's intent was to impose liability on the Second Injury Fund for permanent partial disability when a claimant has a pre-existing permanent disability of 15% to a major extremity. The Commission erred as a matter of law in finding that the reference to "fifteen percent permanent partial disability" of a major extremity, as used in section 287.220.1, was ambiguous and in finding that a 12.5% disability to the arm at the shoulder satisfied the 15% requirement.
The Commission's final award granting compensation is reversed.
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