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ABB POWER T & D CO. v. KEMPKER

Nos. WD 67465, WD 67480.

236 S.W.3d 43 (2007)

ABB POWER T & D COMPANY, Appellant-Respondent, v. William KEMPKER, Respondent-Appellant; Treasurer of the State of Missouri-Custodian of the Second Injury Fund, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied September 25, 2007.

Application for Transfer Denied November 20, 2007.

Attorney(s) appearing for the Case

Richard Lee Montgomery, Jr., Columbia, MO, for Appellant ABB Power.

Kristen Paulsmeyer, Asst. Attorney General, Columbia, MO for Respondent 2nd Injury Fund, Evan J. Beatty, Clayton, MO, for Respondent Kempker.

Before PAUL M. SPINDEN, P.J., PATRICIA A. BRECKENRIDGE, and JAMES M. SMART, Jr., JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 25, 2007.

JAMES M. SMART, JR., Judge.

In this consolidated appeal, ABB Power T & D Company appeals the Labor and Industrial Relations Commission's finding of no Second Injury Fund liability in its award of permanent, total disability benefits to William Kempker. Mr. Kempker appeals the denial of his claim for future medical expenses. The judgment is affirmed in part and reversed in...

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