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WUEBBELING v. WEST COUNTY DRYWALL

No. 65338.

898 S.W.2d 615 (1995)

Ernest R. WUEBBELING, Employee/Respondent, v. WEST COUNTY DRYWALL, Employer/Appellant, and Treasurer of the State of Missouri, as custodian of the Second Injury Fund, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motions for Rehearing and/or Transfer Denied May 2, 1995.

Application to Transfer Denied June 20, 1995.

Attorney(s) appearing for the Case

Daniel J. Harlan, St. Louis, for appellant.

James W. McCarthy, St. Louis, for employee/respondent.

Jeremiah W. (Jay) Nixon, Atty. Gen., Cynthia A. Quetsch, Asst. Atty. Gen., for Second Injury Fund.

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

CRAHAN, Judge.

West County Drywall ("Employer") appeals an award by the Labor and Industrial Relations Commission ("Commission") modifying the decision of the Administrative Law Judge ("ALJ") and holding that total disability payments awarded to its employee Ernest R. Wuebbeling ("Claimant") are the sole responsibility of the Employer and not the Second Injury Fund. The ALJ found that...

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