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GARIBAY v. TREASURER OF STATE OF MO.

No. 72652.

964 S.W.2d 474 (1998)

Gilberto GARIBAY, Appellant/Employee, v. THE TREASURER OF THE STATE OF MISSOURI AS THE CUSTODIAN OF THE SECOND INJURY FUND, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

March 3, 1998.

Attorney(s) appearing for the Case

Mogab & Hughes, P.C., Charles A. Mogab & Nancy R. Mogab, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Maria W. Campbell, Asst. Atty. Gen., Jefferson City, Vicky L. Anthony, Asst. Atty. Gen., St. Louis, for respondent.

KAROHL, Judge.

Claimant, for the third time, appeals an award of the Labor and Industrial Relations Commission (the Commission) denying benefits from the Second Injury Fund (the Fund). On January 16, 1989, claimant sustained an injury to his left shoulder. His claim against his employer was settled. An Administrative Law Judge (ALJ) heard his claim against the Fund which was based upon allegations of prior disabilities of "morbid obesity, sleep apnea and previous...

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