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MOTTON v. OUTSOURCE INTERN.

No. ED 79862.

77 S.W.3d 669 (2002)

Vertie MOTTON, Claimant/Respondent, v. OUTSOURCE INTERNATIONAL, Employer, and Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, Additional Party/Appellant.

Missouri Court of Appeals, Eastern District, Division One.

June 11, 2002.

Attorney(s) appearing for the Case

Robert E. Ballman, St. Louis, MO, for respondent.

Jeremiah W. (Jay) Nixon, Atty. Gen., M. Jennifer Sommers, Assistant Attorney General, St. Louis, MO, for appellant.

KATHIANNE KNAUP CRANE, Judge.

In this workers' compensation case, the Second Injury Fund appeals from the final award of the Labor and Industrial Relations Commission (Commission) finding Second Injury Fund liability. The Second Injury Fund asserts that the Commission erred in holding section 287.220.1 RSMo (1994) ambiguous and finding claimant's preexisting permanent partial arm injury at the shoulder of 12.5% met the statutory minimum of 15% permanent partial disability...

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