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PHILLIPS v. PAR ELEC. CONTRACTORS

Nos. WD 60898, WD 60899.

92 S.W.3d 278 (2002)

Kevin PHILLIPS, Respondent, v. PAR ELECTRICAL CONTRACTORS, Plaintiff, Hallier Services; and Treasurer of the State of Missouri—Custodian of the Second Injury Fund, Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer December 24, 2002.

Application for Transfer Denied January 28, 2003.

Attorney(s) appearing for the Case

Randall W. Schroer, Kansas City, MO, for Plaintiff.

George E. Kapke, Independence, MO, and Anemarie D. Mura, Kansas City, MO, for Appellants.

Ryan T. Linville, Lee's Summit, MO, for Respondent.

Before HAROLD L. LOWENSTEIN, P.J., JAMES M. SMART, JR., and THOMAS H. NEWTON, JJ.

Motion for Rehearing and/or Transfer to Supreme Court December 24, 2002.

THOMAS H. NEWTON, Judge.

Hallier Services and the Second Injury Fund appeal the award of the Industrial Labor and Relations Commission ("the Commission"), which held that both were liable to make payments to Mr. Phillips in order to compensate him for his workrelated injuries and/or disability.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 1996, Mr. Kevin Phillips contacted...

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