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TREASURER OF STATE v. STIERS

No. WD 75101.

388 S.W.3d 217 (2012)

TREASURER OF the STATE of Missouri-CUSTODIAN OF the SECOND INJURY FUND, Appellant, v. Gloria STIERS, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 20, 2012.

Application for Transfer Denied January 29, 2013.

Attorney(s) appearing for the Case

David M. Zugelter , Jefferson City, MO, for appellant.

Christine M. Kiefer , Jefferson City, MO, for respondent.

Before DIVISION ONE: JAMES M. SMART, Presiding Judge, LISA WHITE HARDWICK and GARY D. WITT, Judges.

LISA WHITE HARDWICK, Judge.

The Second Injury Fund appeals the Labor and Industrial Relations Commission's award of compensation to Gloria Stiers based on a finding that she was permanently and totally disabled by the combination of her preexisting disabilities and occupational disease. The Second Injury Fund contends the Commission's award was erroneous because an occupational disease does not qualify as a "compensable injury" for purposes of triggering Second Injury...

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