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STATE EX REL. TREASURER v. SIEDLIK

No. 62651.

851 S.W.2d 80 (1993)

STATE of Missouri, ex rel. the TREASURER OF the State of Missouri, as Custodian of the Second Injury Fund, Relator/Respondent, v. The Hon. Mark SIEDLIK, Chief Judge, Division of Workers' Compensation, St. Louis, Respondent/Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

April 13, 1993.

Attorney(s) appearing for the Case

Nile D. Griffiths, Randall, Keefe & Griffiths, St. Louis, for appellant.

Charles E. Polk, Jr., Andrew J. Lay, Marvin Lindmark, III, Husch & Eppenberger, St. Louis, for respondent.

CRANE, Judge.

The circuit court of the City of St. Louis issued a writ of mandamus ordering the Administrative Law Judge (ALJ) to dismiss Second Injury Fund claimant's claim on the ground it was barred by a settlement agreement in an Illinois case. We reverse on the ground that the Missouri Workers' Compensation Act does not give the ALJ authority to dismiss claims except for failure to prosecute.

On April 19, 1989, claimant, Jimmy Galloway, filed a claim...

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