Summary: An emergency room nurse contracted hepatitis C while working. He sought workers' compensation benefits from the hospital and the second injury fund, claiming that he was permanently and totally disabled due to a combination of his occupational disease and preexisting injuries. The nurse and the hospital settled his claim. The Missouri Court of Appeals denied the nurse's claim against the fund.
The court found that the nurse's hepatitis C alone resulted in his permanent and total disability. The nurse said that as a result of the hepatitis C, he suffered depression, difficulty sleeping, fatigue, poor focus, indecisiveness, and feelings of worthlessness and hopelessness. He said he stopped working because of his symptoms. The nurse told a vocational rehabilitation counselor that the primary reason he was unable to work was because of his hepatitis C symptoms.
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