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BENNETT v. TREASURER OF STATE OF MO.

No. WD 69128.

271 S.W.3d 49 (2008)

Marianne BENNETT, Appellant, v. TREASURER OF the STATE OF MISSOURI-CUSTODIAN OF the SECOND INJURY FUND, Respondent.

Missouri Court of Appeals, Western District.

November 18, 2008.

Attorney(s) appearing for the Case

Truman E. Allen, Columbia, MO, for Appellant.

Sarah E. Reichert, Jefferson City, MO, for Respondent.

Before THOMAS H. NEWTON, C.J., JOSEPH M. ELLIS, and JAMES EDWARD WELSH, JJ.

JAMES EDWARD WELSH, Judge.

Marianne Bennett appeals the decision of the Labor and Industrial Relations Commission that it did not have jurisdiction over Bennett's motion to join her spouse as an additional party to her workers' compensation claim in which she was awarded permanent total disability benefits from the Second Injury Fund. Bennett contends that, pursuant to the Missouri Supreme Court's decision in Schoemehl v. Treasurer of the State of Missouri,

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