Opinion
No. W.D. 59129
ORDER FILED: SEPTEMBER 4, 2001
Appeal from the Labor and Industrial Relations Board
Before: Lowenstein, P.J., Ulrich, J. and Hanna, Sr. J.
Carolyn Biersmith McCarthy, Esq., Attorney for Appellant — Kansas City, MO.
Jerrold Kenter, Esq., Attorney for Respondent — Kansas City, MO.
ORDER
The State Treasurer, a custodian for The Second Injury Fund, appeals the Labor and Industrial Relation Commission's award finding the workers' compensation claimant to be permanently and totally disabled and therefore eligible for benefits from the Fund. § 287.220, RSMo 2000. The Commission found claimant's present injury and his degenerative muscle disease left him permanently and totally disabled. This court finds competent and substantial evidence in record to support the award, which was not contrary to the overwhelming weight of the evidence. Affirmed. Rule 84.16 (b).