Legal Opinion

Payne v. THOMPSON SALES CO.

Missouri Court of Appeals

Decided September 24, 2010No. SD 30132PublishedCited by 7 opinions

1Opinion of the Court

DANIEL E. SCOTT, Chief Judge.

Dennis Payne (Claimant) appeals from a final award denying his workers’ compensation claim, 1 and candidly admits that he must win all four of his points to prevail. We find no merit to his third point, which challenges the ALJ’s “prevailing factor” finding, 2 and affirm without reaching the other issues.

Background/Principles of Review

Claimant sought benefits for a neck injury allegedly suffered while shoveling ice and snow at work on November 17, 2006. He reported nothing to his employer, then or for the next six weeks, and kept working without interruption. He…

2Cases cited7 opinions

  1. Hampton v. Big Boy Steel ErectionSupreme Court of Missouri · 2003
  2. Gordon v. City of EllisvilleMissouri Court of Appeals · 2008
  3. Silman v. William Montgomery & AssociatesMissouri Court of Appeals · 1995
  4. Hawthorne v. Lester E. Cox Medical CentersMissouri Court of Appeals · 2005
  5. Johnson v. Indiana Western Express, Inc.Missouri Court of Appeals · 2009

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

3Cited by7 opinions

  1. Jordan v. USF Holland Motor Freight, Inc.Missouri Court of Appeals · 2012
  2. Stewart v. ZweifelMissouri Court of Appeals · 2014
  3. Robbins v. Webco, Inc.Missouri Court of Appeals · 2012
  4. CARRIE CAMPBELL, widow of RICHARD CAMPBELL, Claimant-Respondent, and RICHARD CAMPBELL, Employee v. TREES UNLIMITED, INC., Employer-Appellant, and FIRSTCOMP INSURANCE COMPANY, Insurer-Appellant.Missouri Court of Appeals · 2016
  5. Flack v. St. John's Mercy Medical CenterMissouri Court of Appeals · 2013

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

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