Davidson v. CUSTODIAN OF SECOND INJURY FUND

327 S.W.3d 583 (2010)

Randy A. DAVIDSON, Claimant-Appellant,

v.

MISSOURI STATE TREASURER AS CUSTODIAN OF the SECOND INJURY FUND, Respondent.

No. SD 30536.

Missouri Court of Appeals, Southern District, En Banc.

December 7, 2010.

Jeffrey P. Gault, Clayton, MO, for Appellant.

Chris Koster, Attorney General, Jefferson City, MO, and, Frank A. Rodman, Assistant Attorney General, Cape Girardeau, MO, for Respondent.

DON E. BURRELL, Judge.

Randy Davidson ("Claimant") was the owner-operator of a dump truck. He was also a volunteer fireman. While responding to a fire call, Claimant fell onto some concrete blocks…