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TREASURER OF STATE v. MICKELBERRY

WD 82997.

606 S.W.3d 150 (2020)

TREASURER OF the STATE of Missouri — CUSTODIAN OF the SECOND INJURY FUND, Appellant, v. Jimmy MICKELBERRY, Respondent.

Missouri Court of Appeals, Western District.

Opinion Filed: April 14, 2020.

Attorney(s) appearing for the Case

Eric W. Lowe , Kansas City, MO, for appellant.

May Mirfasihi , Kansas City, MO, for respondent.

Before Division Two: Cynthia L. Martin, Presiding Judge, Thomas H. Newton, Judge and Gary D. Witt, 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") finding that Jimmy Mickelberry ("Mickelberry") was permanently and totally disabled in part due to preexisting conditions, triggering Fund liability. The...

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