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COX v. COLLINS

No. WD 65363.

184 S.W.3d 590 (2006)

Robert COX, Respondent, v. Richard COLLINS, Jr., Respondent, Treasurer of the State of Missouri—Custodian of the Second Injury Fund, Appellant.

Missouri Court of Appeals, Western District.

February 28, 2006.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Christina Hammers, Office of Attorney General, Jefferson City, for Appellant.

Lisa Rae McWilliams, for Robert Cox, John R. Emerson, for Richard Collins, Jr., Kansas City, KS, for Respondent.

RONALD R. HOLLIGER, Judge.

The question is whether the Second Injury Fund or the employer at the time of injury should pay that portion of permanent disability benefits attributable to the employee's income with his second employer. More precisely the issue is whether the term "wage loss benefits" in the version of Missouri Revised Statutes section 287.220.9 (1993) that was in effect for a narrow window of time—including the date of this accident—includes...

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