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Breihan v. Banta Stude

Missouri Court of Appeals, Eastern District
Nov 20, 2007
243 S.W.3d 436 (Mo. Ct. App. 2007)

Opinion

No. ED 89685.

November 20, 2007.

Appeal from the Labor and Industrial Relations Commission, Cause No. 01-168535.

Ray B. Marglous; Robert S. Merlin, Clayton, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Laura C. Wagener, Assistant Attorney General, St. Louis, MO, for Respondent.

Before MARY K. HOFF, P.J., and SHERRI B. SULLIVAN, J., and GEORGE W. DRAPER III, J.



ORDER


Michael Breihan (Claimant) appeals from the decision of the Labor and Industrial Relations Commission (Commission) ordering the Second Injury Fund (Fund) to begin paying weekly differential payments on December 12, 2005, after the employer's permanent partial disability payments ended. Claimant argues the Commission erred in setting December 12, 2005 as the date for the Fund to begin the weekly differential payments because Missouri law allows and requires payments to be made by the employer and the Fund concurrently. We affirm.

We have reviewed the briefs of the parties, the legal file, and the record on appeal, and find the claim of error to be without merit. An extended opinion would have no precedential value or serve any jurisprudential purpose. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order pursuant to Rule 84.16(b).


Summaries of

Breihan v. Banta Stude

Missouri Court of Appeals, Eastern District
Nov 20, 2007
243 S.W.3d 436 (Mo. Ct. App. 2007)
Case details for

Breihan v. Banta Stude

Case Details

Full title:Michael BREIHAN, Claimant/Appellant, v. BANTA STUDE CONST. CO., INC.…

Court:Missouri Court of Appeals, Eastern District

Date published: Nov 20, 2007

Citations

243 S.W.3d 436 (Mo. Ct. App. 2007)