West v. Posten Construction Co.

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 Pos-ten’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, reversed the Commission’s decision and this Court granted transfer because of conflict between decisions of the Southern and…