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VAUGHT v. VAUGHTS, INC.

Nos. 20899, 20935.

938 S.W.2d 931 (1997)

Kenny Lynn VAUGHT, Appellant, v. VAUGHTS, INC./SOUTHERN MISSOURI CONSTRUCTION and Commercial Union Insurance Company, Respondents, and Treasurer of Missouri as Custodian of the Second Injury Fund, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

February 6, 1997.

Attorney(s) appearing for the Case

Steven Harrell, Strong & Associates, P.C., Springfield, for appellant Vaught.

Jeremiah (Jay) Nixon, Atty. Gen., Jefferson City, Carol T. Aiken, Asst. Atty. Gen., Springfield, for appellant Treasurer of Mo.

Raymond E. Whiteaker, John Wise, Whiteaker & Wilson, P. C., Springfield, for respondents.

CROW, Presiding Judge.

Kenny Lynn Vaught ("Claimant") was injured September 16, 1990, in an accident arising out of and in the course of his employment. He sought compensation under The Workers' Compensation Law1 from his employer and the Treasurer of Missouri ("Treasurer") as custodian of the Second Injury Fund.

As to the Second Injury Fund, Claimant alleged he sustained a previous injury February 12, 1988, resulting in disability...

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