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PATRICK v. CLARK OIL & REFINING CO.

No. 21804.

965 S.W.2d 414 (1998)

Francis J. Patrick, Deceased, Employee, Deborah L. PATRICK, Dependent-Appellant, v. CLARK OIL & REFINING CO., Employer-Respondent, and National Union Fire Insurance Co., Insurer-Respondent, and Missouri State Treasurer as Custodian Of The Second Injury Fund, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Application for Transfer Denied April 10 and May 26, 1998.

Attorney(s) appearing for the Case

Patrick J. Platter, Springfield, for appellant.

William F. Ringer, Kansas City, for Employer/Insurer Respondent.

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

SHRUM, Judge.

This is a workers' compensation case that presents two questions:

(1) Was the Labor and Industrial Relations Commission (Commission) correct when it ruled that § 287.220.91 (the dual employment statute that implicates the Second Injury Fund) was substantive and not susceptible to retroactive application as Claimant contends?

(2) Did the Commission err when...

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