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BANKS v. ZWEIFEL

No. SC 90131.

298 S.W.3d 869 (2009)

Joseph BANKS, Respondent, v. Clint ZWEIFEL, Treasurer of the State of Missouri, Custodian of the Second Injury Fund, Appellant.

Supreme Court of Missouri, En Banc.

December 1, 2009.

Attorney(s) appearing for the Case

Chris Koster, Attorney General, Kareitha A. Osborne, Assistant Attorney General, for appellant.

Ellen E. Morgan, Law Offices of Ellen E. Morgan, Webster Groves, MO, Daniel J. Walkenhorst, St. Louis, MO, for respondent.

RICHARD B. TEITELMAN, Judge.

The Second Injury Fund (fund) appeals from a decision of the Labor and Industrial Relations Commission affirming a decision awarding Joseph Banks permanent total disability benefits. The decision is affirmed.

FACTS

Joseph Banks was injured in a work-related automobile accident. Banks sued the other driver and settled that case for $100,000. After deducting attorney's fees

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