McClain v. Welsh Co.

SIMEONE, Senior Judge.

I

This is a workers’ compensation case of first impression in which the appellant, James C. McClain, seeks judicial review of a decision of the Labor and Industrial Relations Commission on his claim for workers’ compensation benefits under § 287.200, R.S.Mo.1986 as a result of permanent and total injuries sustained. The sole question of law to be resolved is whether the permanent and total injuries arose out of and in the course of his employment. We hold that appellant’s injuries did not arise out of and in the course of employment and affirm the judgment of the trial…