Legal Opinion · Dissent

Wilson v. ANR Freight Systems, Inc.

Missouri Court of Appeals

Decided January 26, 1995No. WD 48474Published

1DissentEllis, Judge

The majority affirms the denial of Wilson’s workers’ compensation claim. I respectfully dissent because I believe this case should be remanded to the Commission with directions that Wilson be given an opportunity to present his newly discovered evidence to the Commission for consideration.

A more detailed recitation of the relevant facts is helpful in properly resolving this issue. At approximately 3:15 p.m. on July *66625, 1990, Wilson reported to the Hillyard Chemical Company (“Hillyard”) in St. Joseph, Missouri to pick up a load of freight for his employer. Around 8:30, he began loading some…

2Cases cited31 opinions

  1. Wolfgeher v. Wagner Cartage Service, Inc.Supreme Court of Missouri · 1983
  2. Abrams v. Ohio Pacific ExpressSupreme Court of Missouri · 1991
  3. West v. Posten Construction Co.Supreme Court of Missouri · 1991
  4. Mulroy v. Supreme Lodge of the Knights of HonorMissouri Court of Appeals · 1888
  5. Clayton v. State Compensation DepartmentOregon Supreme Court · 1969

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