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GILLEY v. RASKAS DAIRY

No. 67605.

903 S.W.2d 656 (1995)

Benjamin GILLEY, Claimant, v. RASKAS DAIRY, Employer, and Treasurer of the State of Missouri as Custodian of the Second Injury Fund.

Missouri Court of Appeals, Eastern District, Division One.

August 1, 1995.

Attorney(s) appearing for the Case

Harry Nichols, St. Louis, for claimant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Charles B. Jellinek, Asst. Atty. Gen., St. Louis, for Second Injury Fund.

KAROHL, Judge.

Employee, Benjamin Gilley, appeals a decision of the Missouri Labor and Industrial Relations Commission (Commission) denying him compensation from the Second Injury Fund. His claim for a compensable injury sustained in September 1991, filed against his employer, was settled. We affirm.

Employee worked at Raskas Dairy for approximately sixteen years. His duties required lifting as many as 3000 bags, weighing between fifty and eighty pounds each...

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