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ACTON v. MARTIN CONSTRUCTION CO.

No. ED 82943.

125 S.W.3d 332 (2003)

Stanley ACTON, Employee/Respondent, v. MARTIN CONSTRUCTION CO., Employer/Respondent, and Missouri State Treasurer, as Custodian of the Second Injury Fund, Additional Party/Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

December 30, 2003.

Attorney(s) appearing for the Case

Dean L. Christianson, St. Louis, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., R. Lucas Boling, Jefferson City, MO, Daniel J. Harlan, St. Charles, MO, for respondent.

Before CLIFFORD H. AHRENS, P.J., WILLIAM H. CRANDALL, JR., J., and LAWRENCE E. MOONEY, J.

ORDER

The Missouri State Treasurer, as custodian of the Second Injury Fund ("Second Injury Fund"), appeals the final award of compensation to Stanley Acton ("Acton") finding the Second Injury Fund liable for permanent and total disability benefits. The Second Injury Fund alleges that the Labor and Industrial Relations Commission ("commission") erred in finding it liable for the permanent and total disability of Acton because the decision is not supported...

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