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BREIHAN v. BANTA & STUDE CONST. CO., INC.

No. ED 89685.

243 S.W.3d 436 (2007)

Michael BREIHAN, Claimant/ Appellant, v. BANTA & STUDE CONST. CO., INC., Employer, and Treasurer of Missouri Custodian of Second Injury Fund, Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

November 20, 2007.

Attorney(s) appearing for the Case

Ray B. Marglous; Robert S. Merlin, Clayton, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Laura C. Wagener, Assistant Attorney General, St. Louis, MO, for Respondent.

Before MARY K. HOFF, P.J., and SHERRI B. SULLIVAN, J., and GEORGE W. DRAPER III, J.

ORDER

PER CURIAM.

Michael Breihan (Claimant) appeals from the decision of the Labor and Industrial Relations Commission (Commission) ordering the Second Injury Fund (Fund) to begin paying weekly differential payments on December 12, 2005, after the employer's permanent partial disability payments ended. Claimant argues the Commission erred in setting December 12, 2005 as the date for the Fund to begin the weekly differential payments because Missouri law...

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