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TIDWELL v. KLOSTER CO.

No. ED 75998.

8 S.W.3d 585 (1999)

James A. TIDWELL, Claimant/Appellant, v. KLOSTER COMPANY, Employer/Respondent, and Commercial Union Ins. Co., Insurer, and Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, Additional Party/Respondent.

Missouri Court of Appeals, Eastern District, Division Two

December 7, 1999.

Attorney(s) appearing for the Case

Robert G. Kister, Dodson, Breeze, Kister, Roberts & Millan, L.C., Hillsboro, for appellant.

Susan M. Kelly, Hinshaw & Culbertson, St. Louis, for employer/respondent.

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

CRANE, Presiding Judge.

In this workers' compensation case, claimant, James A. Tidwell, appeals from the award of the Labor and Industrial Relations Commission [Commission] allowing compensation for permanent partial disability for injury to his left foot and heel and denying relief from the Second Injury Fund. Claimant asserts that the Commission erred in refusing to consider claimant's evidence of pre-existing permanent partial disability and the combined effect...

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