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Shepard v. Yellow Transp.

Missouri Court of Appeals, Eastern District, Division Two.
Nov 15, 2011
352 S.W.3d 681 (Mo. Ct. App. 2011)

Opinion

Nos. ED 96418 ED 96419 ED 96420.

2011-11-15

Wilbert R. SHEPARD, Appellant, v. YELLOW TRANSPORTATION, Employer,andTreasurer of Missouri as Custodian of Second Injury Fund, Respondent.

Appeal from the Labor and Industrial Relations Commission, Injury No. 05–041995, 05–128902, and 06–097574.James M. Martin, Heidi Lynn Leopold, St. Louis, MO, for appellant. Chris Koster, Atty. Gen., Marie Frazier, St. Louis, MO, for respondent.


Appeal from the Labor and Industrial Relations Commission, Injury No. 05–041995, 05–128902, and 06–097574.James M. Martin, Heidi Lynn Leopold, St. Louis, MO, for appellant. Chris Koster, Atty. Gen., Marie Frazier, St. Louis, MO, for respondent.

Before: KATHIANNE KNAUP CRANE, P.J., LAWRENCE E. MOONEY, J., and KENNETH M. ROMINES, J.

ORDER

PER CURIAM.

Wilbert R. Shepard (Employee) appeals the Labor and Industrial Relations Commission (Commission) denial of liability of the Second Injury Fund (SIF) on two claims, and finding of partial liability on a third.

Employee filed three separate worker's compensation claims against his employer and SIF. Employee and Employer eventually entered into a Settlement Agreement regarding those injuries. SIF was not a party to that agreement. The three claims were consolidated and a hearing was held to determine SIF's liability. The Administrative Law Judge (ALJ) found SIF liable for permanent partial disability on the first and second claim, and for permanent total disability on the third. Both parties appealed. The Commission reversed the ALJ's decision as to the first two injuries, and modified it as to the third, finding SIF liable for partial disability benefits only.

On appeal, Employee cites multiple errors in the Commission's decision.

We have reviewed the briefs and the Record on Appeal, and find no error of law in this case. Thus, a written opinion would have no precedential value. The parties have been provided with a memorandum for their information only, setting forth the reasons for this order. The decision is affirmed pursuant to Rule 84.16(b).

AFFIRMED.


Summaries of

Shepard v. Yellow Transp.

Missouri Court of Appeals, Eastern District, Division Two.
Nov 15, 2011
352 S.W.3d 681 (Mo. Ct. App. 2011)
Case details for

Shepard v. Yellow Transp.

Case Details

Full title:Wilbert R. SHEPARD, Appellant, v. YELLOW TRANSPORTATION…

Court:Missouri Court of Appeals, Eastern District, Division Two.

Date published: Nov 15, 2011

Citations

352 S.W.3d 681 (Mo. Ct. App. 2011)

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