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HIGGINS v. TREASURER OF STATE OF MISSOURI

No. WD 62591.

140 S.W.3d 94 (2004)

Harold HIGGINS, Appellant, v. TREASURER OF The STATE OF MISSOURI as Custodian of the Second Injury Fund, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied June 1, 2004.

Application for Transfer Denied August 24, 2004.

Attorney(s) appearing for the Case

Jerrold Kenter, Kansas City, MO, for Appellant.

Anemarie D. Mura, Kansas City, MO, for Respondent.

Before: EDWIN H. SMITH, P.J., HOLLIGER and HARDWICK, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 1, 2004.

LISA WHITE HARDWICK, Judge.

Harold Higgins appeals the Labor and Industrial Relations Commission's denial of his workers' compensation claim against the Second Injury Fund. We affirm the Commission's determination that Higgins' claim was exempt under Section 287.030, R.S.Mo.2000,1 because his employer had fewer than five employees.

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