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TATUM v. ST. LOUIS METRO DELIVERY, INC.

No. 65310.

887 S.W.2d 679 (1994)

Charles TATUM, Dec'd., Employee, and Betty Tatum, Dec'd., and Deborah Hays, Ronald Tatum, and Mary Stephens, Children, Dependents, v. ST. LOUIS METRO DELIVERY, INC., Employer, and Treasurer of State of Missouri as Custodian of the Second Injury Fund, Add'l Party.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied November 9, 1994.

Application to Transfer Denied December 20, 1994.

Attorney(s) appearing for the Case

Robert H. Sihnhold, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Vicky L. Anthony, Asst. Atty. Gen., Cape Girardeau, for Second Injury Fund.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 9, 1994.

SMITH, Presiding Judge.

The dependents of Charles Tatum appeal from the award of the Labor and Industrial Relations Commission denying an award against the Treasurer of Missouri as custodian of the Second Injury Fund (SIF). We reverse.

The procedural history of the case is of critical importance. Charles Tatum was killed in an automobile accident in 1985 while performing...

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