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STEGEMAN v. ST. FRANCIS XAVIER PARISH

No. 62365.

611 S.W.2d 204 (1981)

Eugenius STEGEMAN, Plaintiff-Respondent, v. ST. FRANCIS XAVIER PARISH and St. Paul Fire & Marine Insurance Company, Defendants-Appellants.

Supreme Court of Missouri, En Banc.

February 9, 1981.

Attorney(s) appearing for the Case

Raymond J. Flunker, Evans & Dixon, St. Louis, Mo., for defendants-appellants.

Thomas D. Wilson, St. Louis, Mo., for plaintiff-respondent.

SEILER, Judge.

This is a workmen's compensation case in which respondent was injured in his first day as a volunteer worker in the construction of a gymnasium for the St. Francis Xavier Parish school, located in Taos, Cole County, Missouri. There are two issues before this court: 1) whether respondent was an employee under the act and 2) whether the correct basis was used for determining compensation.

The referee who heard the claim denied compensation because...

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