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HUTSON v. TREASURER OF MISSOURI AS CUSTODIAN OF SECOND INJURY FUND

No. ED 98653.

391 S.W.3d 916 (2013)

Michael HUTSON, Appellant, v. TREASURER OF MISSOURI AS CUSTODIAN OF the SECOND INJURY FUND, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

February 13, 2013.

Attorney(s) appearing for the Case

Evan J. Beatty , Kretmar, Beatty & Sandza, St. Louis, MO, for Appellant.

Chris Koster , Attorney General, Rodney J. Campbell , Assistant Attorney General, St. Louis, MO, for Respondent.

Before: LAWRENCE E. MOONEY, P.J., PATRICIA L. COHEN, J., and KURT S. ODENWALD, J.

ORDER

PER CURIAM.

Appellant Michael Hutson ("Hutson") appeals from the decision of the Labor and Industrial Relations Commission ("Commission") denying him compensation from the Second Injury Fund ("SIF") for permanent partial disability benefits. The Commission found that Hutson's resulting disability from his preexisting shoulder injury was 5%, which is less than the 15% of a major extremity needed to trigger SIF liability. On appeal, Hutson claims that...

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