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MORIARTY v. TREASURER OF STATE OF MISSOURI

No. ED 83843.

141 S.W.3d 69 (2004)

Michael MORIARTY, Respondent, v. TREASURER OF the STATE OF MISSOURI, as Custodian of the Second Injury Fund, Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

August 10, 2004.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, MO, Eileen Ruppe Krispin, St. Louis, MO, for appellant.

James J. Sievers, Jr., Clayton, MO, for respondent.

BOOKER T. SHAW, Presiding Judge.

The Second Injury Fund ("the Fund") appeals from the decision of the Labor and Industrial Relations Commission ("the Commission") awarding claimant Michael Moriarty ("Moriarty") permanent total disability benefits from the Fund for Injury No. 01-043033, dated March 30, 2001 and permanent partial disability benefits for Injury No. 01-093693, dated February 1, 2001.

The Fund argues the Commission erred in: (1) issuing two separate...

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