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eBook details

• Title: Mazie Grant v. William B. Neal
• Author : Supreme Court of Missouri Division 2
• Release Date : January 13, 1964
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Mazie Grant, the respondent, claimed and was allowed compensation by the Industrial Commission from the Second Injury Fund,
§ 287.220 (all statutory references are to RSMo 1959, V.A.M.S., unless otherwise indicated), for disability resulting
from an injury to her left hand suffered during the course of her employment with the Beauty Steak Company of Joplin, Missouri.
Previously her right hand had been injured in approximately the same manner and for which compensation was paid. The appellant,
State Treasurer and custodian of the Second Injury Fund, resisted respondent's claim upon the ground that the same was not
filed against the Second Injury Fund within one year from the date of the accident (or, as also stated by appellant, the claim
was not filed within one year from the date of last medical payments made for or on behalf of the fund). There is no statutory provision with respect to payments of medical expenses of an injured employee by an employer or anyone
"for or on behalf" of the Second Injury Fund, so there could not be a limitation period therefor. Nor is the Second Injury
Fund itself liable for such medical expenses. See Federal Mutual Insurance Company v. Carpenter, Mo., 371 S.W.2d 955, 958,
in which it was held that § 287.220 does not relieve employers or their insurers from furnishing medical aid to
an employee under § 287.140(1), and that the Second Injury Fund does not include a provision for payment or apportionment
of such expenses therefrom.

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