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BYOUS v. MO. LOCAL GOVERNMENT BD. TRUSTEES

No. WD 63537.

157 S.W.3d 740 (2005)

Glen E. BYOUS, Appellant, v. The MISSOURI LOCAL GOVERNMENT EMPLOYEES RETIREMENT SYSTEM BOARD OF TRUSTEES, Respondent.

Missouri Court of Appeals, Western District.

March 8, 2005.

Attorney(s) appearing for the Case

Lawrence G. Rebman, Kansas City, MO, for appellant.

Tyson H. Ketchum, Kansas City, MO, for respondent.

Before: EDWIN H. SMITH, C.J., HAROLD L. LOWENSTEIN, ROBERT G. ULRICH, PATRICIA A. BRECKENRIDGE, PAUL M. SPINDEN, JAMES M. SMART, JOSEPH M. ELLIS, VICTOR C. HOWARD, THOMAS H. NEWTON, RONALD R. HOLLIGER and LISA WHITE HARDWICK, JJ.

THOMAS H. NEWTON, Presiding Judge.

Mr. Glen Byous became permanently and totally incapacitated from his job as a firefighter after he had a heart attack on September 26, 2000, and was diagnosed with coronary artery disease. As a member of the Missouri Local Government Employees Retirement System (LAGERS), he sought work-related disability benefits. Although he was entitled to the statutory presumption that his disability was work-related, the LAGERS Board of Trustees...

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