Gudde v. Heiman Grain, Inc.

BERREY, Judge.

Mary Gudde, wife of the deceased employee, appeals a decision of the Labor and Industrial Relations Commission wherein the commission reversed that portion of the administrative law judge’s workers’ compensation award granting claimant an additional 15% penalty on all benefits based on the employer’s alleged violation of § 292.-050 1 We affirm the decision of the commission.

On October 25, 1988, appellant’s hus.band, Joseph Gudde, fell approximately 35 feet to his death while attaching an extension to a chute above a grain bin for the employer, Heiman Grain, Inc., a grain and…