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HORNBECK v. SPECTRA PAINTING, INC.

No. SC 92116.

370 S.W.3d 624 (2012)

Terry HORNBECK, Appellant/Cross-Respondent, v. SPECTRA PAINTING, INC., Respondent/Cross-Appellant, and Treasurer of the State of Missouri as Custodian of the Second Injury Fund, Respondent.

Supreme Court of Missouri, En Banc.

July 31, 2012.

Attorney(s) appearing for the Case

Charles W. Bobinette , Uthoff, Graeber, Bobinette & Blanke, St. Louis, for Hornbeck.

Michael P. McDonald Jr. , Thompson & McDonald, St. Louis, for Spectra.

Karin Krohn Schute and Mary J. Sommers , Attorney General's Office, for Treasurer.

MARY R. RUSSELL, Judge.

This workers' compensation appeal raises the question of whether the 15-percent statutory violation penalty under section 287.120.41 applies to an employee's compensation award from the Second Injury Fund (SIF).2 This Court finds that the section 287.120.4 penalty is inapplicable to the claimant's award from the SIF.

For the reasons explained below, the Labor and Industrial Relations...

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