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MARMON v. CITY OF COLUMBIA

No. WD 62057.

129 S.W.3d 921 (2004)

Helen MARMON, Respondent, v. CITY OF COLUMBIA; Appellant, Treasurer of Missouri as Custodian of the Second Injury Fund, Respondent.

Missouri Court of Appeals, Western District.

March 30, 2004.

Attorney(s) appearing for the Case

Richard L. Montgomery, Jr., Columbia, MO, for Appellant City of Columbia.

B. Michael Korte, St. Louis, MO, for Respondent Marmon.

Jeanne S. Velders, Attorney, Earl D. Krause, Co-Counsel, Jefferson City, MO, for Respondent State of Missouri.

Before SMART, P.J., ULRICH and HARDWICK, JJ.

LISA WHITE HARDWICK, Judge.

The City of Columbia (City) appeals from a final award of the Labor and Industrial Relations Commission finding that Helen Marmon sustained a permanent total disability, while working for the City, and was entitled to workers' compensation benefits. The City contends the award is against the overwhelming weight of the evidence and, therefore, is unsupported by substantial evidence. We affirm in part and reverse in part.

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