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TAYBORN v. TREASURER, ASCUSTODIAN OF SECOND INJURY FUND

No. ED 90206.

248 S.W.3d 637 (2008)

Gregory TAYBORN, Respondent, v. TREASURER of Missouri ASCUSTODIAN OF SECOND INJURY FUND, Appellant.

Missouri Court of Appeals, Eastern District, Division Five.

March 25, 2008.

Attorney(s) appearing for the Case

Rachel Paul, Attorney Generals Office, St. Louis, MO, for appellant.

Steven Thurmer, St. Louis, MO, for respondent.

Before PATRICIA L. COHEN, C.J., ROBERT G. DOWD, JR., J., and NANNETTE A. BAKER, J.

ORDER

PER CURIAM.

The Second Injury Fund ("SIF") appeals a decision by the Labor and Industrial Relations Commission ("Commission") awarding Gregory Tayborn ("Claimant") permanent total disability benefits.

The SIF claims two points on appeal. First, the SIF claims that the Commission erred in awarding total disability benefits from the SIF because such a claim is barred by collateral estoppel in that Claimant is bound by an earlier stipulation...

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