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GARRETT v. TREASURER OF STATE OF MISSOURI

No. 27803.

215 S.W.3d 244 (2007)

Lindell GARRETT, Appellant, v. TREASURER OF THE STATE OF MISSOURI AS CUSTODIAN FOR THE SECOND INJURY FUND, Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer Denied February 8, 2007.

Application for Transfer Denied March 20, 2007.

Attorney(s) appearing for the Case

Randy Charles Alberhasky, Springfield, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, and Cara Lee Harris, Office of Atty. Gen., Springfield, for Respondent.

DANIEL E. SCOTT, Judge.

Claimant Lindell Garrett hurt his right shoulder on October 1, 2002, his last day of employment with Wicks Truck Trailers. He sought workers' compensation benefits from Wicks and the Second Injury Fund ("Fund"), and eventually settled with Wicks for 22.5% of the right shoulder. He pressed his claim against the Fund, and convinced the Administrative Law Judge ("ALJ") that his shoulder injury and his pre-existing psychological conditions combined...

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