PORTWOOD v. TREASURER OF MISSOURI-CUSTODIAN OF SECOND INJURY FUND

No. WD 67140.

219 S.W.3d 289 (2007)

Gary PORTWOOD, Appellant, v. TREASURER OF the STATE OF MISSOURI-CUSTODIAN OF THE SECOND INJURY FUND, Respondent.

Missouri Court of Appeals, Western District.

April 17, 2007.


Attorney(s) appearing for the Case

Jerrold Kenter, Kansas City, MO, for appellant.

M. Shannon Schulte, Assistant Attorney General, Jefferson City, MO, for respondent.

Before THOMAS H. NEWTON, Presiding Judge, PATRICIA BRECKENRIDGE, Judge and JOSEPH M. ELLIS, Judge.


JOSEPH M. ELLIS, Judge.

Gary Portwood ("Appellant") appeals a decision of the Labor and Industrial Relations Commission ("the Commission") denying Second Injury Fund ("the Fund") liability. We affirm.

Appellant settled his primary claim against his employer, Golden Valley Memorial ("Employer"), and its insurer, leaving the Fund as the remaining party. At the hearing, the parties stipulated to the following facts. Appellant sustained a shoulder injury from...

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