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BARNEY v. CONTINENTAL BAKING CO.

No. ED 75391.

2 S.W.3d 849 (1999)

Samuel BARNEY, Employee/Appellant, v. CONTINENTAL BAKING COMPANY, Employer/Respondent, and The Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

September 21, 1999.

Attorney(s) appearing for the Case

Suzanne M. Besnia, St. Louis, for appellant.

Betsy J. Levitt, St. Louis, for respondent.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Karla O. Boresi, St. Louis, for Second Injury Fund.

Before RICHARD B. TEITELMAN, P.J., CLIFFORD H. AHRENS, J., and LAWRENCE E. MOONEY, J.

ORDER

PER CURIAM.

Claimant Samuel Barney ("Claimant") appeals from an award of the Labor and Industrial Relations Commission, holding that a work-related accident left him permanently and partially disabled and that his pre-existing cervical stenosis accounted for 35% of his overall disability. Claimant argues that there is a lack of sufficient and competent evidence to support the award and that the Commission erred in selecting a level of pre-existing...

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