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LOVEN v. GREENE COUNTY

No. 23910.

63 S.W.3d 278 (2001)

Tommy LOVEN, Claimant-Respondent, v. GREENE COUNTY, Employer-Respondent, and Missouri State Treasurer, as Custodian of the Second Injury Fund, Additional Party-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Application for Transfer Denied December 12, 2001.

Application for Transfer Denied January 22, 2002.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Attorney General and Shari Lynn Lockart, Assistant Attorney General, Jefferson City, for Appellant.

William Ringer, Evans & Dixon, Kansas City, for Employer-Respondent.

Randy C. Alberhasky, Springfield, for Claimant-Respondent.

PHILLIP R. GARRISON, Judge.

The decisive issue in this workers' compensation case is whether Tommy Loven's ("Employee's") morbid obesity was a preexisting permanent partial disability and constitutes the basis for an award against the Second Injury Fund (the "Fund"). Under the facts here, we hold that the Labor and Industrial Relations Commission (the "Commission") erred in entering an award against the Fund.

Employee...

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