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Higgins v. Quaker Oats Co.11/29/2005
611 S.W.2d 204, 207 (Mo. banc 1981). Furthermore, a clear agency decision "impl a finding of additional facts (beyond those expressly found) necessary to support it." Peterson v. Cent. Pattern Co., 562 S.W.2d 153, 156 (Mo. App. 1978).
The Commission said in its award on the cumulative injury claim, Dr. Pro...concluded that [Employee's] major depression is attributable to her pain, which is due primarily to her last work injury in 1998.... We find the opinion of Dr. Pro credible.... We find Employee's accumulated back injury caused chronic pain disorder and depression, rendering her unable to work. Employer/Insurer is responsible for weekly permanent and total disability benefits... continuing for the remainder of her life or until... modified by law.
(Emphasis added.) The Commission further found that Employee did not suffer "any permanent psychiatric disability" prior to the cumulative back injury. We find the Commission's decision plain enough to infer--to the extent that inference is even necessary--that the Commission attributed all of Employee's permanent total disability to the cumulative injury. Consequently, the Commission properly assigned full liability to Employer and none to the Second Injury Fund: "If the last injury in and of itself rendered [the employee] permanently and totally disabled, then the [Second Injury 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). Point denied.
The award of the Commission is affirmed.
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