Opinion
No. ED 82943
December 30, 2003
Appeal from the Labor and Industrial Relations Commission.
Dean L. Christianson, St. Louis, MO, for appellant.
Jeremiah W. Nixon, R. Lucas Boling, Jefferson City, MO, and Daniel J. Harlan, St. Charles, MO, for respondent.
Before Clifford H. Ahrens, P.J. William H. Crandall Jr., J., and Lawrence E. Mooney, J.
ORDER
On the court's own motion, the opinion in the above styled case handed on November 25, 2003 is withdrawn. A new opinion is attached. The motion for rehearing is denied as moot.
ORDER
The Missouri State Treasurer, as custodian of the Second Injury Fund ("Second Injury Fund"), appeals the final award of compensation to Stanley Acton ("Acton") finding the Second Injury Fund liable for permanent and total disability benefits. The Second Injury Fund alleges that the Labor and Industrial Relations Commission ("commission") erred in finding it liable for the permanent and total disability of Acton because the decision is not supported by the commission's findings and it is against the weight of the evidence.
We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum opinion for their information only, setting forth the facts and reasons for this order.
The judgment of the trial court is affirmed in accordance with Rule 84.16(b).