Legal Opinion

Nichols v. Overnight Express, Inc.

Missouri Court of Appeals

Decided January 25, 2005No. WD 64279PublishedCited by 3 opinions

1Opinion of the Court

ROBERT G. ULRICH, Judge.

Overnight Express, Inc. and Great West Casualty appeal an award of workers’ compensation benefits to Todd Nichols. Overnight asserts that Mr. Nichols was not a statutory employee under section 287.040 1 because he was not performing the “usual business” of Overnight on the day he was injured. The Commission’s final award is reversed.

Facts

Todd Nichols was working for Midwest Trailer Repair on March 13, 2003, when he was injured. He and the owner of Midwest, Larry Martel, were repairing the doors of an Overnight trailer on a lot owned by Overnight when one of the…

2Cases cited4 opinions

  1. Hampton v. Big Boy Steel ErectionSupreme Court of Missouri · 2003
  2. Bass v. National Super Markets, Inc.Supreme Court of Missouri · 1995
  3. Chouteau v. Netco ConstructionMissouri Court of Appeals · 2004
  4. William v. St. Louis Science Center FoundationMissouri Court of Appeals · 2001

3Cited by3 opinions

  1. Richter v. Union Pacific RailroadMissouri Court of Appeals · 2008
  2. Looper v. CarrollMissouri Court of Appeals · 2006
  3. Trenton Johnson v. Exide Technologies, Inc.Court of Appeals for the Eighth Circuit · 2025

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