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WEST v. POSTEN CONST. CO.

No. 73199.

804 S.W.2d 743 (1991)

Roger C. WEST, Claimant-Appellant, v. POSTEN CONSTRUCTION COMPANY and Insurance Company of North America, Employer and Insurer-Respondents.

Supreme Court of Missouri, En Banc.

March 5, 1991.

Attorney(s) appearing for the Case

Russell C. Still, Columbia, for claimant-appellant.

William W. Francis, Jr., Springfield, for employer and insurer-respondents.

HIGGINS, Judge.

Claimant appeals the Commission's "Final Award Denying Compensation" based on findings that claimant was not Posten's "employee" under section 287.020, RSMo 1986; that claimant was a "statutory employee" under section 287.040.1, RSMo 1986; and that although claimant was Posten's statutory employee, Posten was exempt from worker's compensation liability as an "owner" under section 287.040.3, RSMo 1986. The Missouri Court of Appeals, Southern District...

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