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MURPHY v. BARBEQUE WOOD FLAVORS, INC.

No. 28466.

244 S.W.3d 295 (2008)

David MURPHY, Claimant-Appellant v. BARBEQUE WOOD FLAVORS, INC., and Treasurer of the State of Missouri, Custodian, Second Injury Fund, Respondents.

Missouri Court of Appeals, Southern District, Division One.

February 7, 2008.

Attorney(s) appearing for the Case

Bruce A. Copeland, Copeland & Brown, Joplin, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Christina Hammers, Jefferson City, MO, for Respondent Second Injury Fund.

JOHN E. PARRISH, Presiding Judge.

David Murphy (claimant) appeals the part of a final award of the Labor and Industrial Relations Commission (the commission) that established claimant's rate of pay for purposes of awarding benefits to be paid by the Second Injury Fund (the fund). Claimant contends the commission did not correctly calculate the hourly rate of pay he was to earn from his employment and in using a 40-hour Work week in calculating his weekly earnings...

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