BAILEY v. McCLELLAND

No. 18322.

848 S.W.2d 46 (1993)

Sharon BAILEY, spouse, and Anthony Bailey, Brian Bailey, Jason Bailey, Alicia Ray and Amanda Ray, dependent children of Morris Bailey, employee, deceased, Claimants-Appellants, v. Charles A. McCLELLAND, employer, and Wendell Bailey, Custodian of Second Injury Fund, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

February 26, 1993.


Attorney(s) appearing for the Case

John D. Beger, Steelman & Beger, Rolla, for claimants-appellants.

William L. Webster, Atty. Gen., Susan M. Turner, Asst. Atty. Gen., Jefferson City, for respondent.


PREWITT, Judge.

Appellants appeal from an order of the Labor and Industrial Relations Commission denying their workers' compensation claim against respondent, custodian of the Second Injury Fund. The parties on appeal agree that the findings of the administrative law judge, who initially denied appellants' claim, correctly stated the relevant facts:

On May 26, 1983, the deceased, Morris A. Bailey, was killed when the motor vehicle he was operating for McClelland...

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