Legal Opinion

Tunstill v. Eagle Sheet Metal Works

Missouri Court of Appeals

Decided February 15, 1994No. 18777, 18794PublishedCited by 15 opinions

1Opinion of the Court

FLANIGAN, Presiding Judge.

The sole issue in these two consolidated Workers’ Compensation appeals is which of two successive insurers of the same employer is liable for benefits awarded the employee and admittedly due him. Resolution of the issue is governed by the pre-1993 version of 287.063, 1 which read, in pertinent part:

1. An employee shall be conclusively . deemed to have been exposed to the hazards of an occupational disease when for any length of time, however short, he is employed in an occupation or process in which the hazard of the disease exists. 2

2. The employer liable for the…

2Cases cited19 opinions

  1. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
  2. Hernandez v. TexasSupreme Court of the United States · 1954
  3. Pennsylvania v. Board of Directors of City Trusts of PhiladelphiaSupreme Court of the United States · 1957
  4. Wollard v. City of Kansas CitySupreme Court of Missouri · 1992
  5. Rathjen v. Reorganized School District R-IISupreme Court of Missouri · 1955

14 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. State v. HaskinsMissouri Court of Appeals · 1997
  2. State v. MeggsMissouri Court of Appeals · 1997
  3. City of Ash Grove v. ChristianMissouri Court of Appeals · 1997
  4. Coloney v. Accurate Superior Scale Co.Missouri Court of Appeals · 1997
  5. Simmerly v. Bailey Corp.Missouri Court of Appeals · 1994

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API