TOMBAUGH v. TREASURER OF STATE

No. WD 73171.

347 S.W.3d 670 (2011)

Mark TOMBAUGH, Appellant, v. TREASURER OF THE STATE of Missouri as Custodian of the Second Injury Fund, Respondent.

Missouri Court of Appeals, Western District.

August 30, 2011.


Attorney(s) appearing for the Case

David A. Slocum , Lenexa, KS, for Appellant.

Chris Koster , Attorney General, Jefferson City, MO, Laura Van Fleet , Assistant Attorney General, Kansas City, MO, for Respondent.

Before Division One: VICTOR C. HOWARD, Presiding Judge, and ALOK AHUJA and KAREN KING MITCHELL, Judges.


KAREN KING MITCHELL, Judge.

This is a Second Injury Fund case. The issue is whether the Labor and Industrial Relations Commission ("Commission") erred in relying on medical reports and on medical expert testimony to determine the degree of the claimant's disability when the medical expert later testified to a different, though not necessarily contradictory, conclusion. We find that the record is insufficiently clear to determine whether the Commission rejected the...

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