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BIRDSONG v. WASTE MANAGEMENT

No. 25996.

147 S.W.3d 132 (2004)

Paul BIRDSONG, Employee-Respondent, v. WASTE MANAGEMENT and Insurance Company of the State of Pennsylvania, Employer/Insurer-Appellants, and Treasurer of the State of Missouri as Custodian of the Second Injury Fund, Additional Party-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

October 26, 2004.

Attorney(s) appearing for the Case

Mark Cordes, Hugh S. O'Sullivan, St. Louis, for appellants Waste Management and Ins. Co. of the State of Pennsylvania.

B. Michael Korte, St. Louis, MO, for respondent Paul Birdsong.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Becky J.W. Dias, Asst. Atty. Gen., Springfield, MO, for respondent Second Injury Fund.

JEFFREY W. BATES, Chief Judge.

Paul Birdsong ("Birdsong") sustained a compensable injury while in the employ of Waste Management ("Employer"), whose liability for workers' compensation coverage was insured by Insurance Company of the State of Pennsylvania ("Insurer"). After the Labor and Industrial Relations Commission ("Commission") made a final award of workers' compensation benefits for permanent total disability and temporary total disability to Birdsong, Employer...

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