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NIVENS v. INTERSTATE BRANDS CORP.

WD 82132 consolidated with WD 82136

585 S.W.3d 825 (2019)

Dale NIVENS, Respondent-Appellant, v. INTERSTATE BRANDS CORPORATION, Respondent, Treasurer of the State of Missouri, Custodian of the Second Injury Fund, Appellant-Respondent.

Missouri Court of Appeals, Western District.

OPINION FILED: October 8, 2019.

Attorney(s) appearing for the Case

Eric M. Doner , Jefferson City, MO, for appellant-respondent Treasurer of the State of Missouri-Custodian Second Injury Fund.

Joseph R. Ebbert , Overland Park, KS, for respondent Interstate Brands Corporation.

Gabriel E. Harris , Jefferson City, MO, for respondent-appellant Dale Nivens.

Before Division Three: Gary D. Witt, Presiding Judge, Edward R. Ardini, Jr., Judge and Thomas N. Chapman, Judge.

The Treasurer of the State of Missouri as Custodian of the Second Injury Fund ("Fund") appeals the Final Award of the Labor and Industrial Relations Commission ("Commission") declaring Dale Nivens ("Nivens") to be permanently and totally disabled. The Fund raises two allegations of error. First, the Fund alleges that the

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