Benjamin Gilley v. Raskas Dairy by Court of Appeals of Missouri

Benjamin Gilley v. Raskas Dairy

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Employee, Benjamin Gilley, appeals a decision of the Missouri Labor and Industrial Relations Commission (Commission) denying him compensation from the Second Injury Fund. His claim for a compensable injury sustained in September 1991, filed against his employer, was settled. We affirm. Employee worked at Raskas Dairy for approximately sixteen years. His duties required lifting as many as 3000 bags, weighing between fifty and eighty pounds each, throughout the course of an eight-hour work day. He was also required to twist, bend and lift heavy blocks of cheese from a rack. He executed this motion about 240 times per hour. He was performing these duties in September 1991 when he injured his chest.

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