B.Michael Korte, of The Korte Law Firm, LLC, was again interviewed by WorkCompCentral.com,a nationwide workers’ comp website, in regard to the recent decision of the Western District of the Missouri Court of Appeals in the case of Treasurer v. Couch.
In Couch, the Court ruled that an attempt to re-file a claim against the Missouri second injury fund came too late, due to a prior dismissal of a claim previously made against the Fund, and the running of the statute of limitations, RSMo. Section 287.430.
Although three prior cases arguably provided a loophole allowing the claims to be re-filed, Korte, described in the article as “. . . a former president of the Missouri Association of Trial Attorneys and past chairman of the Missouri Bar Association Workers’ Compensation Committee. . .” explained that the Court distinguished prior caselaw based on the prior filing by the claimant of claims against the Fund before dismissing them, and the lack of a sufficient amendment to any of the claimant’s claims before the statute of limitations ran out.
Korte was previously interviewed by the website in September, 2015.