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SULLIVAN v. MASTERS JACKSON PAVING CO.

Nos. 23539, 23540.

35 S.W.3d 879 (2001)

John SULLIVAN, Claimant-Appellant/Cross-Respondent, v. MASTERS JACKSON PAVING COMPANY, Employer-Respondent/Cross-Appellant, The Travelers/Aetna Casualty and Surety Company, Insurer-Respondent/Cross-Appellant, and Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

January 23, 2001.

Attorney(s) appearing for the Case

Michael D. Mayes, Schmidt, Kirby & Sullivan, Springfield, Attorney for Appellant/Cross-Respondent.

William D. Powell, Daniel, Clampett, Powell & Cunningham, L.L.C., Springfield, Attorney for Respondents/Cross-Appellants.

Jeremiah W. (Jay) Nixon, Attorney General and Karen L. Johnson, Assistant Attorney General, Jefferson City, Attorneys for Respondent.

GARRISON, Judge.

These consolidated appeals from an award of the Labor and Industrial Relations Commission ("Commission") raise three main issues: whether the Commission erred (1) in finding that John Sullivan ("Employee") sustained a permanent partial, rather than total, disability; (2) in setting Employee's compensation rate; and (3) in awarding Employee future medical care.

Employee contracted with Masters Jackson Paving Company ("Employer") to use his...

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