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CUMMINGS v. TREASURER OF STATE OF MO.

No. ED 80815.

97 S.W.3d 7 (2002)

Paul CUMMINGS, Appellant/Employee, v. TREASURER OF the STATE OF MISSOURI, as Custodian of the Second Injury Fund, Respondent/Additional Party.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied January 14, 2003.

Application for Transfer Denied March 4, 2003.

Attorney(s) appearing for the Case

Harold G. Johnson, Mitchell D. Johnson, Johnson & Johnson, St. Ann, MO, for appellant.

Leslie A. Phillips, Assistant Attorney General, St. Louis, MO, for respondent.

Before PAUL J. SIMON, P.J. and GARY M. GAERTNER, SR. and KATHIANNE KNAUP CRANE, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 14, 2003.

ORDER

PER CURIAM.

Paul G. Cummings appeals the Labor & Industrial Relations Commission (Commission) award denying compensation from the Second Injury Fund. On appeal Cummings argues the Commission erred as a matter of law in finding that Cummings is not permanently totally disabled and therefore ineligible for benefits from the Second Injury Fund.

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