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SKABIALKA v. TORT VICTIM COMPENSATION FUND

No. ED 83642.

133 S.W.3d 565 (2004)

Ernest SKABIALKA, Jr., et al, Appellants, v. TORT VICTIM COMPENSATION FUND, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

May 4, 2004.

Attorney(s) appearing for the Case

David Moen, Jefferson City, MO, for appellant.

William R. Kennedy, Jefferson City, MO, for respondent.

PATRICIA L. COHEN, Judge.

Ernest Skabialka, Jr., Samson Kepoo, Cynthia Rosner, and Renee LeClaire ("Claimants") appeal the decision of the Labor and Industrial Relations Commission ("Commission") denying compensation from the Tort Victims' Compensation Fund ("Fund"). Claimants contend the Commission erred in denying them compensation because each meets the definition of an "uncompensated tort victim" under Section 537.675.1(6) RSMo 2002.1

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