Legal Opinion

Daly v. POWELL DISTRIBUTING, INC.

Missouri Court of Appeals

Decided September 28, 2010No. WD 71575, WD 71576Published

1Opinion of the Court

THOMAS H. NEWTON, Judge.

Mr. Larry Daly appeals the Labor and Industrial Relations Commission’s (Commission) decision denying compensation for injuries diagnosed after his employment with Powell Distributing (Powell). The Commission disregarded expert testimony that the injuries were work related and denied compensation because medical records failed to corroborate the timing or existence of the injuries. It further denied permanent total disability because it determined the injuries to Mr. Daly’s neck and shoulder and his hernia were not compen-sable. We affirm in part, reverse in part, and…

2Cases cited10 opinions

  1. Hampton v. Big Boy Steel ErectionSupreme Court of Missouri · 2003
  2. Merriman v. Ben Gutman Truck Service, Inc.Supreme Court of Missouri · 1965
  3. Miller v. Missouri Highway & Transportation CommissionSupreme Court of Missouri · 2009
  4. Wright v. Sports Associated, Inc.Supreme Court of Missouri · 1994
  5. Kelley v. Banta & Stude Const. Co., Inc.Missouri Court of Appeals · 1999

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