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HEMBREE v. TREASURER OF STATE

No. SD 32982.

435 S.W.3d 165 (2014)

Harold HEMBREE, Claimant-Appellant, v. TREASURER OF the STATE of Missouri, as Custodian of the Second Injury Fund, Respondent-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

July 2, 2014.

Attorney(s) appearing for the Case

Thomas P. Carlton , Morrison, Webster & Carlton, Joplin, MO, for Claimant/Appellant.

Chris Koster , Attorney General, Jefferson City, MO, and Stephen Nathanael Freeland , Assistant Attorney General, Springfield, MO, Attorneys for Respondent.

GARY W. LYNCH, J.

Harold Hembree ("Claimant") appeals the Labor and Industrial Relations Commission's ("Commission") decision in favor of the Second Injury Fund ("SIF") finding that Claimant was permanently totally disabled before his October 3, 2008 injury. Claimant contends that the Commission erred in reversing the decision of the Administrative Law Judge ("ALJ") because the Second Injury Fund did not present evidence from their own vocational expert witness supporting...

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