May v. U.B.C. Marketing

SNYDER, Chief Judge.

Employer and insurer appeal from a judgment of the Labor and Industrial Relations Commission in a workers’ compensation case in which the Commission applied § 287.250(5) RSMo. 1978 (amended in 1981, Cum.Supp. 1984) to determine respondent’s rate of compensation. Appellant alleges the commission erred in using subsection 5 of § 287.250 rather than subsection 1 of the same statute. The judgment is affirmed.

Respondent was an employee of appellant, U.B.C. Marketing, a food brokerage company. Respondent worked as a store contact man whose job it was to see to it that…