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CULP v. LOHR DISTRIBUTING CO.

No. 66218.

898 S.W.2d 613 (1995)

William CULP, Employee-Appellant, v. LOHR DISTRIBUTING COMPANY, Employer-Respondent, and Atlantic Mutual Insurance Company, Insuror-Respondent, and Treasurer of Missouri, Custodian of the Second Injury Fund, Additional Party.

Missouri Court of Appeals, Eastern District, Division Five.

Motion for Rehearing and/or Transfer May 2, 1995.

Application to Transfer Denied June 20, 1995.

Attorney(s) appearing for the Case

Thomas M. Singer, Mark Edward Moreland, St. Louis, for appellant.

Todd Hilliker, St. Louis, for respondent.

Jeremiah W. (Jay) Nixon, Atty. Gen., Maria W. Campbell, Asst. Atty. Gen., for Second Injury Fund.

Motion for Rehearing and/or Transfer to Supreme Court May 2, 1995.

CARL R. GAERTNER, Judge.

William Culp appeals the denial by the Labor and Industrial Relations Commission of his claim against the Second Injury Fund. We reverse and remand.

Culp was employed delivering barrels and cases of beer to retailers. On December 12, 1989, Culp was working for Lohr Distributing Company (Lohr) when he injured his shoulder. Wheeling ten cases of beer stacked on...

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