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TREASURER OF STATE v. WITTE

Nos. SC 92834, SC 92867, SC 92842, SC 92850.

414 S.W.3d 455 (2013)

TREASURER OF the STATE of Missouri-CUSTODIAN of the SECOND INJURY FUND, Appellant, v. James WITTE, Respondent. Joseph Salviccio, Respondent, v. Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, Appellant. William Dyson, Respondent, v. Treasurer of the State of Missouri as Custodian of Second Injury Fund, Appellant. Eric Buhlinger, Respondent, v. Treasurer of Missouri as Custodian of Second Injury Fund, Appellant.

Supreme Court of Missouri, En Banc.

November 12, 2013.

Attorney(s) appearing for the Case

Douglas B. Salsbury , The Miller/Salsbury Law Firm, Eureka, for James Witte.

Cara L. Harris , Kristin M. Frazier , Rochelle L. Reeves and Daniel A. Cunningham , Attorney General's Offices, Jefferson City, Springfield and St. Louis, for Treasurer of the State of Missouri as Custodian of Second Injury Fund.

Elizabeth J. Ituarte , Kriegel & Ituarte PC, St. Louis, for Joseph Salviccio.

James S. Haupt , St. Louis, for William Dyson.

Dean L. Christianson , Schuchat, Cook & Werner, St. Louis, for Eric Buhlinger.

PATRICIA BRECKENRIDGE, Judge.

The treasurer of the State of Missouri as custodian of the second injury fund ("the fund") appeals four separate decisions of the labor and industrial relations commission that determined the fund was liable for compensation to injured claimants. The fund claims that the commission misinterpreted and misapplied the law in those decisions by combining or "stacking" injuries to meet the statutory thresholds in section 287.220.1

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