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STARK v. MISSOURI STATE TREASURER

No. WD 53680.

954 S.W.2d 645 (1997)

Carol STARK, Appellant, v. MISSOURI STATE TREASURER, as Custodian Second Injury Fund, Respondent.

Missouri Court of Appeals, Western District.

October 28, 1997.

Attorney(s) appearing for the Case

Elizabeth Diane Baker, Kansas City, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Amy L. Glaser, Asst. Atty. Gen., Kansas City, for Respondent.

Before SMART, P.J., and LOWENSTEIN and LAURA DENVIR STITH, JJ.

LOWENSTEIN, Judge.

This is a Second Injury Fund ("Fund") claim filed for wage loss benefits under § 287.220.9, RSMo 1994. This particular subsection was enacted in 1993 and became effective on August 28, 1993, and by its own language, was to expire on August 28, 1996. Paraphrased, this subsection provided that when a work related injury was suffered by an employee who had two employers, the first employer would pay medical and "wage loss benefits" applicable...

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