LEUTZINGER v. TREASURER

No. 65949.

895 S.W.2d 591 (1995)

John LEUTZINGER, Claimant/Appellant, v. The TREASURER OF MISSOURI CUSTODIAN OF the SECOND INJURY FUND, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied March 7, 1995.

Application to Transfer Denied April 25, 1995.


Attorney(s) appearing for the Case

Robert A. Bedell, King, Weier, Hockensmith & Sherby, P.C., St. Louis, for claimant/appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Vicky L. Anthony, Asst. Atty. Gen., Cape Girardeau, for defendant/respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied March 7, 1995.

PUDLOWSKI, Judge.

Claimant appeals a decision of the Labor and Industrial Relations Commission denying him compensation from the second injury fund. The Commission erred by using the old "industrial disability" standard, with respect to previous conditions, instead of the new standard found in the legislature's 1993 revision and clarification...

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