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LIBERTY v. TREASURER FOR MISSOURI-CUSTODIAN OF SECOND INJURY FUND

No. WD 66889.

218 S.W.3d 7 (2007)

Arthur LIBERTY, Appellant, v. TREASURER FOR the STATE OF MISSOURI-CUSTODIAN OF the SECOND INJURY FUND, Respondent.

Missouri Court of Appeals, Western District.

March 20, 2007.

Attorney(s) appearing for the Case

Frank Douglas Eppright, Kansas City, for Appellant.

Maureen T. Shine, Asst. Atty. Gen., Kansas City, for Respondent.

Before JAMES M. SMART, JR., P.J., JOSEPH M. ELLIS, and JOHN MORAN, JJ.

JAMES M. SMART, JR., Judge.

Arthur Liberty appeals the denial of his workers' compensation claim in which he sought benefits for permanent total disability from Missouri's Second Injury Fund. To the extent that the Commission purported to address the merits of the issue of Second Injury Fund liability, we vacate the Commission ruling. To the extent that the Commission determined that it lacked jurisdiction of the claim against the Second Injury Fund, we affirm.

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