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SEIFERD v. DISTINCTIVE SERVICE AND SIGN

No. 21799.

965 S.W.2d 410 (1998)

Joseph E. SEIFERD, Appellant/Claimant, v. DISTINCTIVE SERVICE AND SIGN ERECTION, INC., Respondent/Employer, and the Treasurer of the State of Missouri as Custodian of the Second Injury Fund, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied April 10, 1998.

Application for Transfer Denied May 26, 1998.

Attorney(s) appearing for the Case

Patrick J. Platter, Daniel, Clampett, Powell & Cunningham, L.L.C., Springfield, for Appellant/Claimant.

Robin L. Bullock, Newberry, Haden, Cowherd, Bullock & Keck, L.L.C., Springfield, for Respondent/Employer.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Cara Lee Harris, Asst. Atty. Gen., Springfield, for Respondent.

MONTGOMERY, Chief Judge.

In this workers' compensation case, Joseph E. Seiferd (Claimant) appeals from the decision of the Labor and Industrial Relations Commission which affirmed the award and decision of the administrative law judge (ALJ). The principal issue on appeal is whether the Commission properly applied § 287.250.1(2) instead of § 287.250.3 or, in the alternative, § 287.250.1(5) in determining the appropriate rate of compensation.

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