Morton v. Hubbell Power Sys.

Full title: Donald MORTON, Appellant–Respondent, v. HUBBELL POWER SYSTEMS, Respondent…

Court: Missouri Court of Appeals, Western District.

Date published: Aug 21, 2012

373 S.W.3d 512 (Mo. Ct. App. 2012)

Opinion

Nos. WD 74006 WD 74007.

2012-08-21

Donald MORTON, Appellant–Respondent, v. HUBBELL POWER SYSTEMS, Respondent, Treasurer of the State of Missouri–Custodian of the Second Injury Fund, Respondent–Appellant.

Appeal from the Labor and Industrial Relations Commission. Jerrold Kenter, Sedalia, MO, for appellant-respondent. Richard Lee Montgomery, Jr., Columbia, MO, for respondent.

PER CURIAM:

Appeal from the Labor and Industrial Relations Commission.
Jerrold Kenter, Sedalia, MO, for appellant-respondent. Richard Lee Montgomery, Jr., Columbia, MO, for respondent.
David Michael Zugelter, Jefferson City, MO, for respondent-appellant.

Division Three: JAMES M. SMART, JR., P.J., VICTOR C. HOWARD and JAMES E. WELSH, JJ.

ORDER

PER CURIAM:

Donald Morton appeals the decision of the Labor and Industrial Relations Commission holding that the Second Injury Fund is liable for the payment of benefits for his permanent total disability. The State Treasurer, as Custodian of the Second Injury Fund, also appeals, contending the Commission erred in concluding that Mr. Morton was permanently and totally disabled due to a combination of the workplace occupational disease and a pre-existing disability. The judgment is affirmed. Rule 84.16(b).