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ELROD v. TREASURER OF MISSOURI

No. SC 85630.

138 S.W.3d 714 (2004)

Lana C. ELROD, Respondent/Cross-Appellant, v. TREASURER OF MISSOURI AS CUSTODIAN OF The SECOND INJURY FUND, Appellant/Cross-Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied August 3, 2004.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Attorney General, Jefferson City, Kimberly R. Fournier, Asst. Attorney General, Kansas City, for appellant/cross-respondent.

Joseph K. Houts, St. Joseph, for respondent/cross-appellant.

DUANE BENTON, Judge.

The Labor and Industrial Relations Commission awarded Lana C. Elrod compensation from the Second Injury Fund. The state Treasurer, as custodian of the Fund, appeals pointing to the statute of limitations, and a lack of sufficient competent evidence. Elrod cross-appeals for permanent-total-disability benefits. After opinion by the Court of Appeals, this Court granted transfer. Mo. Const. art. V, sec. 10. Affirmed.

I.

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