In Garrone v Treasurer of State of Missouri, 2004 WL 2852359 (Mo.App.E.D. 2004), the SIF appealed finding of Commission that the SIF was liable for permanent total disability. The Commission considered the claimant?s left knee surgery in 5 /99 to be a disability that pre-existed his primary injury, carpal tunnel syndrome which did not become disabling until 12/1/99, the date of the CT surgery which was the first date the claimant was unable to perform his ordinary work duties as a result of that disease. The SIF asserted that the Commission erred in determining 12/1/99 to be the date of his disability since the claimant used an earlier date on his claim form and settlement stipulations with the employer. The Court ruled that an employee can suffer an injurious exposure prior to becoming disabled and this injurious exposure does not become a compensable injury until it becomes disabling. A stipulation to the date of a compensable injury is not a stipulation to the date of disability. Therefore, claimant had a pre-existing disability that existed at the time the work injury was sustained. Affirmed.
In Gassen v Lienbengood, 134 S.W.3d 75 (Mo.App.W.D. 2004), claimant was diagnosed with carpal tunnel syndrome which occurred on 1/25/95. Two weeks later, on 2/6/95 , a bookcase fell on claimant injuring her. Claimant settled both cases with employer. Claimant then amended her claim to seek recovery from the Fund. The ALJ denied Fund liability concluding that although the claimant was permanently and totally disabled, it was caused solely by the 2/6/95 accident. The Court of Appeals affirmed.