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FETTEROLF v. TREASURER OF THE STATE OF MISSOURI

No. WD 59129.

53 S.W.3d 626 (2001)

James FETTEROLF, Respondent, v. TREASURER OF THE STATE OF MISSOURI as Custodian for the Second Injury Fund, Appellant; Jenkins Machine Works, Plaintiff.

Missouri Court of Appeals, Western District.

September 4, 2001.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Carolyn Biersmith McCarthy, Asst. Atty. Gen., Kansas City, for Appellant.

Jerrold Kenter, Kansas City, for Respondent.

Before LOWENSTEIN, P.J., ULRICH and HANNA, Sr., JJ.

ORDER

PER CURIAM.

The State Treasurer, a custodian for The Second Injury Fund, appeals the Labor and Industrial Relation Commission's award finding the workers' compensation claimant to be permanently and totally disabled and therefore eligible for benefits from the Fund. § 287.220, RSMo 2000. The Commission found claimant's present injury and his degenerative muscle disease left him permanently and totally disabled. This court finds competent...

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