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GERVICH v. CONDAIRE, INC.

No. SC 91727.

370 S.W.3d 617 (2012)

Gary GERVICH, Deceased, and Deborah Gervich, Appellant, v. CONDAIRE, INC., and Treasurer of Missouri as Custodian of the Second Injury Fund, Respondents.

Supreme Court of Missouri, En Banc.

July 31, 2012.

Attorney(s) appearing for the Case

Richard Grossman , St. Louis, for Appellant.

Carol L. Barnard , Attorney General's Office, and, Kenneth Alexander , Holtcamp, Liese, Schulz & Hilliker, St. Louis, for Respondents.

PATRICIA BRECKENRIDGE, Judge.

Deborah Gervich appeals the decision of the Labor and Industrial Relations Commission denying her workers' compensation benefits as a dependent of her deceased husband, Gary Gervich. The commission found that Gary Gervich's right to permanent total disability benefits terminated at the time of his death because his wife's right to such benefits had not "vested" prior to the 2008 statutory amendments that eliminated dependents from the...

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