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ROSS v. SAFEWAY STORES, INC.

No. 15221.

738 S.W.2d 611 (1987)

John Marvin ROSS, Appellant, v. SAFEWAY STORES, INC., and Wendell Bailey, Treasurer of the State of Missouri, Custodian of the Second Injury Fund, Respondents.

Missouri Court of Appeals, Southern District, Division One.

October 15, 1987.

Attorney(s) appearing for the Case

Barry R. Langford, Tom Noland, Spencer, Scott & Dwyer, P.C., Joplin, for appellant.

Raymond E. Whiteaker, Woolsey, Fisher, Whiteaker & McDonald, Springfield, Safeway Stores, Inc.

No appearance for respondent Wendell Bailey, Treasurer of the State of Missouri, Custodian of the Second Injury Fund.

CROW, Chief Judge.

John Marvin Ross ("claimant") appeals from an order of the Labor and Industrial Relations Commission ("the Commission") affirming an order of an administrative law judge ("ALT") of the Division of Workers' Compensation ("the Division") dismissing claimant's claim for compensation under "The Workers' Compensation Law," chapter 287, RSMo 1978, as amended. As explained more fully infra, no evidentiary hearing was ever held; consequently, the...

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