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KERNS v. MIDWEST CONVEYOR

No. WD 62045.

126 S.W.3d 445 (2004)

Robert KERNS, Respondent, v. MIDWEST CONVEYOR, Employer/Appellant, and Home Insurance Co., Insurer/Appellant, Missouri State Treasurer, Custodian of the Second Injury Fund, Respondent.

Missouri Court of Appeals, Western District.

February 10, 2004.

Attorney(s) appearing for the Case

Michael A. Knepper, Kansas City, MO, for Respondent Kerns.

D'Ambra M. Howard and James L. MowBray, Kansas City, MO, for Appellants.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, MO, Kimberley R. Fournier, Assistant Attorney General, Kansas City, MO, for Respondent Second Injury Fund.

Before BRECKENRIDGE, P.J., and EDWIN H. SMITH and HOWARD, JJ.

EDWIN H. SMITH, Judge.

Midwest Conveyer appeals from the decision of the Labor and Industrial Relations Commission (Commission) awarding the respondent, Robert Kerns, workers' compensation benefits for permanent and total disability, pursuant to§ 287.120.1 In awarding the respondent benefits, the Commission found that he was permanently and totally disabled as a result of an accident on June 26, 1995 (the accident), while in the course...

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