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MIHALEVICH CONCRETE CONST. v. DAVIDSON

No. WD 67676.

233 S.W.3d 747 (2007)

MIHALEVICH CONCRETE CONSTRUCTION, Appellant, v. Jimmie DAVIDSON, Respondent; Treasurer of the State of Missouri — Custodian of the Second Injury Fund, Respondent.

Missouri Court of Appeals, Western District.

September 25, 2007.

Attorney(s) appearing for the Case

Reid Highlander, St. Louis, MO, for appellant.

Dean Lee Christianson, St. Louis, MO, for respondent Davidson.

Cara Lee Harris, Asst. Attorney General, Springfield, MO, for respondent 2nd Injury Fund.

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

JAMES M. SMART, JR., Judge.

Mihalevich Concrete Construction appeals the decision of the Labor and Industrial Relations Commission (the Commission) upholding the award of the Administrative Law Judge (ALJ) of the Division of Workers' Compensation. The ALJ granted Jimmie Davidson weekly benefits for permanent total disability as a result of injury he sustained while working for Mihalevich. Mihalevich claims the award was erroneous and the Commission erred in upholding...

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