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WETZEL v. TREASURER OF THE STATE CUSTODIAN OF SECOND INJURY FUND

No. ED 84035.

146 S.W.3d 410 (2004)

Larry WETZEL, Respondent/Employee, v. TREASURER OF the STATE of Missouri, CUSTODIAN OF the SECOND INJURY FUND, Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

October 19, 2004.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Dianna L. Bartels, Asst. Attorney General, St. Louis, MO, for appellant.

Susan K. Roach, Clayton, MO, for respondent.

Before PATRICIA L. COHEN, P.J. and KATHIANNE KNAUP CRANE and ROBERT G. DOWD, JR., JJ.

ORDER

PER CURIAM.

The Second Injury Fund (Fund) appeals from the award of the Labor and Industrial Relations Commission (Commission) affirming the decision of the Administrative Law Judge finding Larry Wetzel (Claimant) permanently and totally disabled due to a combination of his pre-existing injuries and his primary injury. The Fund contends the Commission erred in finding Claimant permanently and totally disabled, in finding the Fund's appeal was unreasonable...

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