Jackson v. Risby Pallet & Lumber Co.

HOGAN, Judge.

This is a Workers’ Compensation case. The Administrative Law Judge concluded that the employee: 1) did not sustain a compensable accident within the meaning of § 287.020.2, RSMo 1986, nor 2) demonstrate the incidence of an occupational disease in October-November 1984, while he was employed by Risby. In a split decision, the Labor and Industrial Relations Commission affirmed the judgment of the A.L.J. The employee appeals. We reverse and remand.

A preliminary word about the posture of the cause on appeal is appropriate. We review the award of the Commission, not that of the…