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DUFFY v. TREASURER OF THE STATE OF MISSOURI

No. ED 85738.

172 S.W.3d 492 (2005)

Mark DUFFY, Appellant, v. TREASURER OF the STATE OF MISSOURI, CUSTODIAN OF the SECOND INJURY FUND, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

September 27, 2005.

Attorney(s) appearing for the Case

Ray B. Marglous, Clayton, MO, for appellant.

Da-Niel Cunningham, St. Louis, MO, for respondent.

Before MARY K. HOFF, P.J., CLIFFORD H. AHRENS, J., and PATRICIA L. COHEN, J.

ORDER

PER CURIAM.

Mark Duffy ("Duffy") appeals the final award of compensation, finding the Missouri Second Injury Fund ("Second Injury Fund") liable for permanent partial disability benefits. Duffy alleges that the Labor and Industrial Relations Commission ("commission") erred in finding the Second Injury Fund liable only for permanent partial disability benefits, when the evidence supported an award of permanent total disability benefits.

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