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CALVERT v. TREASURER OF STATE

Nos. SD 31751, SD 31807.

417 S.W.3d 299 (2013)

Larry D. CALVERT, Claimant/Appellant, v. TREASURER OF the STATE OF Missouri, Custodian of Second Injury Fund, Respondent/Cross-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 16, 2013.

Application for Transfer Denied February 4, 2014.

Attorney(s) appearing for the Case

Michael Moroni , of Bloomfiled, MO, for Appellant.

Chris Koster , Attorney General and Jonathan J. Linter , Assistant Attorney General, of Cape Girardeau, MO, for Respondent.

WILLIAM W. FRANCIS, JR., J.

In this consolidated appeal, Larry D. Calvert ("Calvert") and the Second Injury Fund ("SIF") appeal from a final award of the Labor and Industrial Relations Commission ("Commission") in a workers' compensation claim. We affirm the Commission's award in part and reverse and remand in part.

Factual and Procedural Background

Calvert, who was 59 years old at the time of hearing, was employed with Noranda Aluminum ("Noranda...

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