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KIRKPATRICK v. MISSOURI STATE TREASURER

No. SD 31983.

404 S.W.3d 327 (2012)

Kelly Jeanine KIRKPATRICK, Claimant-Respondent, v. MISSOURI STATE TREASURER AS CUSTODIAN OF the SECOND INJURY FUND, Respondent-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing and Transfer Denied January 9, 2013.

Application for Transfer to Supreme Court Denied February 26, 2013.

Attorney(s) appearing for the Case

Rochelle Leilani Phillip Reeves , Jefferson City, MO, for Appellant.

David M. Edwards , Cape Girardeau, MO, for Respondent.

DON E. BURRELL, J.

The Treasurer of the State of Missouri, as Custodian for the Second Injury Fund ("Fund"), appeals an award of the Labor and Industrial Relations Commission ("the Commission") granting Kelly Jeanine Kirkpatrick ("Claimant") Fund benefits based on the synergistic combination of her pre-existing disabilities and her occupational disease. Fund's single point on appeal asserts that the Commission misapplied the law in awarding Claimant such benefits...

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