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GORDON v. CITY OF ELLISVILLE

No. ED 91097.

268 S.W.3d 454 (2008)

Gerald GORDON, Appellant, v. CITY OF ELLISVILLE, and Treasurer of the State of Missouri as Custodian of Second Injury Fund, Respondents.

Missouri Court of Appeals, Eastern District, Division One.

October 28, 2008.

Attorney(s) appearing for the Case

James C. Ochs, Stephen P. Dowil, Clayton, MO, for appellant.

Margaret Mary Hecht, Saint Louis, MO, for respondents.

OPINION

GLENN A. NORTON, Judge.

Gerald Gordon ("Claimant") appeals the decision of the Labor and Industrial Relations Commission ("Commission") denying him benefits after he was injured while employed as a public works maintenance worker for the City of Ellisville ("Employer"). We affirm.1

I. BACKGROUND

On October 21, 2005, Claimant was in the process of climbing out of a tub grinder at work when he slipped...

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