Legal Opinion

Ash v. Millennium Restoration & Construction

Missouri Court of Appeals

Decided August 27, 2013No. SD 32381PublishedCited by 2 opinions

1Opinion of the CourtDon E. Burrell, J.

This appeal requires us to interpret, using strict construction, section 287.240(4)(a).1 In a single point relied on, Millennium Restoration & Construction (“Employer”) claims the Labor and Industrial Relations Commission (“Commission”) erred in calculating the remarriage benefit due Tiffany Ash (“Spouse”) based on the plain wording of the statute. Because we find that the Commission correctly interpreted the statute, we affirm its award.

Applicable Principles of Review and Governing Law

We review the award of the Commission to determine whether it is supported by sufficient competent and…

2Cases cited12 opinions

  1. Hampton v. Big Boy Steel ErectionSupreme Court of Missouri · 2003
  2. Wollard v. City of Kansas CitySupreme Court of Missouri · 1992
  3. Hyde Park Housing Partnership v. Director of RevenueSupreme Court of Missouri · 1993
  4. Robinson v. HookerMissouri Court of Appeals · 2010
  5. State Ex Rel. Unnerstall Ex Rel. Leighton v. BerkemeyerSupreme Court of Missouri · 2009

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3Cited by2 opinions

  1. Wilson v. NenningerMissouri Court of Appeals · 2018
  2. Linda Mantia v. Missouri Department of Transportation, Employer/Appellant, and Treasurer of Missouri as Custodian of the Second Injury Fund, Additional Party/Respondent.Missouri Court of Appeals · 2016

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