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DAVIS v. ROADWAY EXPRESS, INC.

No. 15870.

764 S.W.2d 145 (1989)

Mary Margaret DAVIS, et al., Respondents, v. ROADWAY EXPRESS, INC., Appellant.

Missouri Court of Appeals, Southern District, Division One.

January 20, 1989.

Attorney(s) appearing for the Case

Kenneth T. Walter, Mann, Walter, Burkart, Weathers & Walter, Springfield, for appellant.

Jay P. Cummings, Gannaway, Fiorella, Cummings & Bennett, Springfield, for respondents.

CROW, Presiding Judge.

Roadway Express, Inc. ("Roadway") appeals from a final award allowing compensation by the Labor and Industrial Relations Commission ("Commission"). The sole issue is whether the death benefits due the dependents of a deceased employee of Roadway under The Workers' Compensation Law, chapter 287, RSMo 1978, as amended, should have been reduced by 15 per cent pursuant to § 287.120.5, RSMo 1978, which provides:

"Where the injury is...

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