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Kerns v. Midwest Conveyor2/10/2004
onsidered alone. Accordingly, pre-existing disabilities are irrelevant until the employer's liability for the last injury is determined. If the last injury in and of itself rendered [the claimant] permanently and totally disabled, then the fund has no liability and [the employer] is responsible for the entire amount of compensation.
Landman v. Ice Cream Specialties, Inc., 107 S.W.3d 240, 248 (Mo. banc 2003) (citations omitted). Thus, inasmuch as we have already determined that the Commission did not err in finding that the respondent is permanently and totally disabled as a result of injuries sustained in the accident, any pre-existing disabilities that the respondent may have suffered from are irrelevant.
Point denied.
Conclusion
The decision of the Commission awarding the respondent workers' compensation benefits for permanent and total disability, pursuant to section 287.120, is affirmed.
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