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Mo. Supreme Court Hears Case Involving Second Injury Fund

(via Flickr/david_shane)

Missouri's long-ailing Second Injury Fund is at the center of a lawsuit heard Tuesday before the State Supreme Court.

DavidSpradlingwas injured on the job in 1998 after having previously been declared disabled, and died in 2005 from unrelated circumstances.  He had filed a Second Injury Fund claim, which his three children pursued, and in 2011 were awarded his disability payments for the rest of their lives.  Attorney SheilaBlaylockrepresented theSpradlingsbefore the High Court.

"Had the work injury caused Mr.Spradling'sdeath, we wouldn't be here today, because the benefits that would be owed to his children would be death benefits," Blaylock said.  "The (Second Injury) Fund would have no liability to my clients; it would be employer responsibility."

Blaylock argued that a 2007 court ruling entitles dependents of a deceased employee to receive permanent total disability awards for life, and that at the time of Spradling's death his children were still teenagers.   The Spradlings' brief can be viewed here.

Assistant Attorney General Jon Lintner represented the State Treasurer's Office.  He argued that the Labor and Industrial Relations Commission erred in its ruling on the Spradling case, and that payments should have ended after Spradling's kids, who are now in their 20's, turned 18.

"Does someone who was once a dependent remain a dependent, regardless of circumstance, for the rest of his or her life?  No," Lintner said.

The state's brief can be viewed here.  The Missouri Supreme Court will issue its ruling at a later date.

Follow Marshall Griffin on Twitter:  @MarshallGReport

Copyright 2013 St. Louis Public Radio

St. Louis Public Radio State House Reporter Marshall Griffin is a native of Mississippi and proud alumnus of Ole Miss (welcome to the SEC, Mizzou!). He has been in radio for over 20 years, starting out as a deejay. His big break in news came when the first President Bush ordered the invasion of Panama in 1989. Marshall was working the graveyard shift at a rock station, and began ripping news bulletins off an old AP teletype and reading updates between songs. From there on, his radio career turned toward news reporting and anchoring. In 1999, he became the capital bureau chief for Florida's Radio Networks, and in 2003 he became News Director at WFSU-FM/Florida Public Radio. During his time in Tallahassee he covered seven legislative sessions, Governor Jeb Bush's administration, four hurricanes, the Terri Schiavo saga, and the 2000 presidential recount. Before coming to Missouri, he enjoyed a brief stint in the Blue Ridge Mountains, reporting and anchoring for WWNC-AM in Asheville, North Carolina. Marshall lives in Jefferson City with his wife, Julie, their dogs, Max and Liberty Belle, and their cat, Honey.