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MILLER v. TREASURER, STATE

No. ED 100308.

425 S.W.3d 218 (2014)

Lawrence MILLER, Respondent, v. TREASURER, STATE of Missouri, As Custodian of the Second Injury Fund, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

March 25, 2014.

Attorney(s) appearing for the Case

Chris Koster , St. Louis, MO, for appellant.

Andrew L. Mandel , St. Louis, MO, for respondent.

OPINION

AHRENS.

The Missouri State Treasurer, as Custodian of the Second Injury Fund, appeals the award of the Labor and Industrial Relations Commission in favor of Lawrence Miller. The Treasurer asserts that Miller's pre-existing injury should not have been factored into the calculation of Fund liability because it hadn't reached maximum medical improvement at the time of the primary injury. We reverse and vacate the Commission's award and enter...

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