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MAY v. U.B.C. MARKETING

No. 50939.

719 S.W.2d 43 (1986)

James MAY, Employee/Respondent, v. U.B.C. MARKETING, Employer, and Aetna Casualty and Surety Company, Insurers, Appellants.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied October 1, 1986.

Application to Transfer Denied November 18, 1986.

Attorney(s) appearing for the Case

Daniel L. Steigerwald, St. Louis, for appellants.

Charles A. Mogab, Thomas J. Gregory, St. Louis, for employee/respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 1, 1986.

SNYDER, Chief Judge.

Employer and insurer appeal from a judgment of the Labor and Industrial Relations Commission in a workers' compensation case in which the Commission applied § 287.250(5) RSMo. 1978 (amended in 1981, Cum.Supp. 1984) to determine respondent's rate of compensation. Appellant alleges the commission erred in using subsection 5 of § 287.250 rather than subsection...

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