Miles v. Lear Corp.

KURT S. ODENWALD, Judge.

I respectfully dissent. I agree with the majority that the record before us contains competent and substantial evidence to support the Commission’s finding that Miles’ injuries were due to an accident arising out of and in the course of Miles’ employment, and that Miles’ injuries were caused by his participation in a voluntary recreational activity. However, the decision of the Commission should be reversed because Miles’ injuries are not compensable under the forfeiture provisions of Section 287.120.7. The Commission misapplied the law in holding that the forfeiture…