Legal Opinion · Concurring in part, dissenting in part

Milton Young v. Boone Electric Cooperative

Missouri Court of Appeals

Decided April 14, 2015No. WD76567 and WD76568Published

1Concurring in part, dissenting in partAlok Ahuja, Chief Judge

I concur in affirmance of the Labor and Industrial-Commission’s award of compensation to Milton Young for his knee injury. I respectfully dissent, however, from the majority’s affirmance of the separate award for an injury to Young’s right shoulder.

The Commission found that Young sustained the shoulder injury while engaged in the routine task of lifting himself up onto a platform on his work truck. Young had performed this same task innumerable times without incident. Because Young’s shoulder injury was apparently caused by his performance of his usual work duties in the normal manner, it…

2Cases cited56 opinions

  1. Hampton v. Big Boy Steel ErectionSupreme Court of Missouri · 2003
  2. Wolfgeher v. Wagner Cartage Service, Inc.Supreme Court of Missouri · 1983
  3. Merriman v. Ben Gutman Truck Service, Inc.Supreme Court of Missouri · 1965
  4. State v. LibertySupreme Court of Missouri · 2012
  5. Turner v. School District of ClaytonSupreme Court of Missouri · 2010

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