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WHITE v. UNIV. OF MISSOURI, KANSAS CITY

No. WD 74081.

375 S.W.3d 908 (2012)

Willie WHITE, Respondent, v. UNIVERSITY OF MISSOURI, KANSAS CITY, Respondent, Treasurer of the State of Missouri — Custodian of the Second Injury Fund, Appellant.

Missouri Court of Appeals, Western District.

September 4, 2012.

Attorney(s) appearing for the Case

Keith V. Yarwood , Kansas City, MO, for Respondent White.

Brian J. Fowler , Kansas City, MO, for Respondent UMKC.

Kimberley Cox Fournier , Kansas City, MO, for Appellant.

Before DIV III: THOMAS H. NEWTON, P.J., JAMES M. SMART, Jr., and GARY D. WITT, JJ.

JAMES M. SMART, JR., Judge.

The Treasurer, as Custodian of the Second Injury Fund, contends that the Commission erred in awarding Gail White, the spouse of the injured employee, Willie White, permanent total disability benefits. The Treasurer argues that the Commission erred because the injured employee is not dead, and dependent benefits do not vest until the injured employee is dead. We hold that the Commission acted in excess of its power to the extent that it...

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