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SWARTS v. TREASURER OF MISSOURI

No. 74053.

986 S.W.2d 469 (1998)

Russell SWARTS, Claimant/Appellant, v. TREASURER OF MISSOURI as Custodian of the Second Injury Fund, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Rehearing Denied February 18, 1999.

Attorney(s) appearing for the Case

Frank N. Carter, Jr., St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Beverly E. Temple, Asst. Atty. Gen., St. Louis, for respondent.

Before JAMES A. PUDLOWSKI, P.J., WILLIAM H. CRANDALL Jr., and CLIFFORD H. AHRENS, J.

ORDER

PER CURIAM.

Russell Swarts ("Swarts") appeals from the decision of the Labor and Industrial Relations Commission ("Commission") in a Workers' Compensation case. Swarts argues that the Commission erred in (1) not finding that his disability was permanent and total, (2) concluding that he was capable of finding employment, and (3) affirming an award that was against the overwhelming weight of the evidence.

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