Court of Appeals of Missouri, Eastern District, Second Division
from the Labor and Industrial Relations Commission 13-104992.
P. Page, Judge.
Krysl ("Krysl") appeals the decision of the Labor
and Industrial Relations Commission ("the
Commission") denying compensation. We reverse and
1994, Krysl was employed as a sculptor for the Veiled
Prophets of St. Louis ("VP"), carving large
characters for parade floats. Krysl's job required him to
perform repetitive strokes while sculpting the characters. In
2012, Krysl was diagnosed with diabetes, requiring treatment
for peripheral neuropathy in his upper and lower extremities,
among other symptoms resulting from his diabetes. In 2013, he
began to experience numbness and tingling in his right hand
while sculpting and was ultimately diagnosed with severe
right carpal tunnel syndrome. The parties stipulated his
primary compensable occupational injury occurred on January
1, 2013. Krysl underwent surgery for carpal tunnel release
and was released to full duty in 2015.
filed a claim for compensation on July 5, 2016. He settled
his primary injury claim against VP in May 2017, leaving the
claim against the Second Injury Fund ("the Fund").
Krysl's claim against the Fund was heard by the
administrative law judge ("ALJ") in February 2018.
The ALJ awarded Krysl permanent partial disability. The Fund
filed an application for review. The Commission reversed the
ALJ's award, finding that even though the primary
occupational injury occurred on January 1, 2013, Section
287.220.3(1) RSMo (2016) applied and precluded his claim for
permanent partial disability against the Fund because Krysl
filed his claim after January 1, 2014.
of his two points on appeal, Krysl contends the Commission
erroneously interpreted Section 287.220 in denying his claim
for compensation against the Fund. In both points,
Krysl's argument centers upon the fact that the parties
stipulated his occupational injury occurred January 1, 2013.
Thus, his claim, which was filed after January 1, 2014, did
not preclude a claim against the Fund because the date of his
injury was determinative.
review the Commission's decision to determine whether it
is "supported by competent and substantial evidence upon
the whole record." Cosby v. Treasurer of State as
Custodian of Second Injury Fund, 2019 WL 2588575 *2,
quoting Article V, section 18 of the Missouri Constitution.
In addition, Section 287.495.1 states, in relevant part, that
we shall only review questions of law and we may modify,
reverse, remand or set aside the award only upon the
(1) That the commission acted without or in excess of its
(2) That the award was procured by fraud;
(3) That the facts found by the commission do not support the
(4) That there was not sufficient competent evidence in the
record to warrant the ...