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TREASURER OF MISSOURI-CUSTODIAN v. COOK

No. WD 72019.

323 S.W.3d 105 (2010)

TREASURER OF THE STATE OF MISSOURI-CUSTODIAN OF THE SECOND INJURY FUND, Appellant, v. Phillip COOK, Respondent.

Missouri Court of Appeals, Western District.

October 26, 2010.

Attorney(s) appearing for the Case

Andrew J. Dickson , Kansas City, MO, for Appellant.

Thomas Stein , Kansas City, MO, for Respondent.

Before LISA WHITE HARDWICK, C.J., JAMES EDWARD WELSH, J., and CHARLES E. ATWELL, Sp. J.

JAMES EDWARD WELSH, Judge.

The Missouri State Treasurer as Custodian of the Second Injury Fund appeals the Labor and Industrial Relations Commission's decision that the Second Injury Fund is liable to Phillip Cook for permanent total disability benefits. The Second Injury Fund argues that the Commission erred in awarding Cook benefits because his claim against it was time barred, and therefore, the Commission lacked the authority to consider the claim. The Second...

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