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PACE v. CITY OF ST. JOSEPH

Nos. WD 74234 to WD 74237.

367 S.W.3d 137 (2012)

Gary PACE, Respondent, v. CITY OF ST. JOSEPH, Appellant, Treasurer of the State of Missouri — Custodian of the Second Injury Fund, Respondent.

Missouri Court of Appeals, Western District.

May 22, 2012.

Attorney(s) appearing for the Case

Bart Eisfelder , Kansas City, MO, for Appellant.

Benjamin Creedy , St. Joseph, MO, for Respondent, Pace.

Maureen Shine , Kansas City, MO, for Respondent, Treasurer of the State of MO.

Before JAMES EDWARD WELSH, P.J., CYNTHIA L. MARTIN, J., and GLEN DIETRICH, Sp. J.

JAMES EDWARD WELSH, Presiding Judge.

The City of St. Joseph appeals from the Labor and Industrial Relations Commission's determination that Gary Pace was entitled to permanent and total disability benefits for a knee injury he sustained at work on December 9, 2002. The City asserts that the Commission erroneously applied the law regarding the substantial factor test when it found that Pace's employment with the City on December 9, 2002, which resulted in Pace's injuring...

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