Ellis v. Western Electric Co.

PREWITT, Judge.

Claimant’s husband, Dennis Ellis, was killed in an automobile accident and she filed a claim for Workmen’s (now Workers’) Compensation for herself and their two children. The employer, a self insurer under the Workmen’s Compensation Act, contended that the accident did not arise “out of and in the course of his employment”. See § 287.120.1, RSMo 1978. Claimant received an award from an administrative law judge, and on review the Labor and Industrial Relations Commission affirmed it. Following appeal to the circuit court the award was reversed, the court finding that there was…