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SMITH v. ConAGRA, INC.

Nos. WD 53261, WD 53372.

949 S.W.2d 917 (1997)

Mammie SMITH, Appellant-Respondent, v. CONAGRA, INC., Respondent-Appellant, State of Missouri, Second Injury Fund, Respondent.

Missouri Court of Appeals, Western District.

August 5, 1997.

Attorney(s) appearing for the Case

John B. Boyd, Michelle Daum Haskins, Connaughton, Boyd & Kenter, P.C., Kansas City, for Appellant-Respondent Smith.

William A. Peterson, Marshall, for Respondent-Appellant ConAgra.

Jeremiah W. (Jay) Nixon, Attorney General, Theodore A. Kardis, Assistant Attorney General, Jefferson City, for Respondent Second Injury Fund.

Before LAURA DENVIR STITH, P.J., and BRECKENRIDGE and HANNA, JJ.

LAURA DENVIR STITH, Presiding Judge.

Claimant Mammie Smith appeals the Labor and Industrial Relations Commission's ruling denying her claim against the Second Injury Fund for permanent total disability benefits. Ms. Smith contends that: (1) the evidence does not support the Commission's finding that she was not permanently and totally disabled, and (2) the Commission erred in ruling that her morbid obesity was not a preexisting disability and that it did not constitute...

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