Pavia v. Smitty's Supermarket

GARY W. LYNCH, Judge.

Smitty’s Supermarket (“Employer”) appeals the decision of the Labor and Industrial Relations Commission (“Commission”) dismissing Employer’s motion for a determination of a change in condition. Employer contends that the Commission erred as a matter of law in that it improperly interpreted section 287.4701 by failing to strictly construe it as required by section 287.800, RSMo Cum.Supp.2005, and *544by arbitrarily disregarding competent and substantial evidence proffered by Employer’s medical expert. Finding no merit in Employer’s contentions, we affirm.

Factual and Procedural…