Copeland v. Associated Wholesale Grocers

GARY W. LYNCH, Judge.

Appellant Associated Wholesale Grocers, Inc. (“AWG”) appeals the decision of the Labor and Industrial Relations Commission (“Commission”) assessing liability against it for an award of workers’ compensation benefits to Respondent Harold Duane Copeland (“Claimant”). AWG claims that the Commission, misapplying the rule of last exposure in section 287.063, 1 erroneously assessed liability for the award against it rather than against Claimant’s last employer, Respondent Elite Logistics, Inc. (“Elite”). Finding merit in this claim, we reverse and remand.

1) Factual and…