Murphy v. Aetna Casualty & Surety Co.

MONTGOMERY, Chief Judge.

Aetna Casualty & Surety Co. (Insurer) appeals from a final award of the Labor and Industrial Relations Commission (the Commission) finding that Henry Leon Murphy (Employee) elected coverage for himself as a sole proprietor under § 287.035, RSMo 1994, of the Missouri Workers’ Compensation Act. In affirming the award of the administrative law judge, the Commission determined that the “evidence of the parties shows [Employee] elected coverage for himself when he changed the amount of annual payroll subject to workers’ compensation premiums.”

Insurer’s brief contains the…