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POARCH v. TREASURER OF STATE CUSTODIAN

No. WD 74219.

365 S.W.3d 638 (2012)

Weldon POARCH, Appellant, v. TREASURER OF The STATE of MISSOURI-CUSTODIAN OF The SECOND INJURY FUND, Respondent.

Missouri Court of Appeals, Western District.

May 1, 2012.

Attorney(s) appearing for the Case

Jerrold Kenter , for Appellant.

Eric W. Lowe , for Respondent.

Before Division Three: THOMAS H. NEWTON, Presiding Judge, JAMES M. SMART, JR., Judge and VICTOR C. HOWARD, Judge.

VICTOR C. HOWARD, Judge.

Weldon Poarch appeals from the decision of the Labor and Industrial Relations Commission ("the Commission") denying his claim against the Second Injury Fund ("the Fund"). On appeal, Poarch contends that the Commission erred in finding that Poarch did not sustain a compensable injury where the Commission failed to find that Poarch was not credible and the Fund did not present any evidence to refute his testimony. The decision of the Commission...

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