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BENNETT v. GARDNER DENVER, INC.

No. WD 68541.

269 S.W.3d 448 (2008)

Charles Roy BENNETT, Appellant, v. GARDNER DENVER, INC., Respondent, 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 to Supreme Court Denied October 28, 2008.

Application for Transfer Denied December 16, 2008.

Attorney(s) appearing for the Case

John Richard Boyd, Kansas City, MO, for Appellant.

Brian J. Fowler, Kansas City, MO., for Respondent Gardner Denver, Inc.

Maureen T. Shine, Kansas City, MO, for Respondent Treasurer of the State of Missouri-Custodian 2nd Injury Fund.

Before JAMES M. SMART., JR., Presiding Judge, THOMAS H. NEWTON, Judge, and RONALD R. HOLLIGER, Judge.

ORDER

PER CURIAM.

Charles Roy Bennett (Bennett) appeals an award by the Labor and Industrial Relations Commission (Commission) finding that a 2003 accident was not a substantial factor in aggravating his previous cervical disease. Bennett argues a videotape was improperly admitted into evidence; the Administrative Law Judge (ALJ) abused his discretion when he denied Bennett's request to treat a witness as adverse...

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