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McMILLIN v. PAYLESS CASHWAYS, INC.

No. WD 50077.

897 S.W.2d 661 (1995)

Mark McMILLIN, Respondent, v. PAYLESS CASHWAYS, INC., Appellant.

Missouri Court of Appeals, Western District.

May 16, 1995.

Attorney(s) appearing for the Case

Michael J. Joshi, Kansas City, for appellant.

Michael W. Hanna, Raytown, for respondent.

Before FENNER, C.J., P.J., and BRECKENRIDGE and HANNA, JJ.

HANNA, Judge.

Payless Cashways appeals an adverse decision from the Labor and Industrial Relations Commission (Commission). The Administrative Law Judge (ALJ) and the Commission (a 2-1 decision) found that Mr. McMillin's accident "arose out of" his employment. Mr. McMillin's injury occurred while he and a coworker were engaged in "horseplay." The issue presented here is whether the accident arose out of his employment. The facts, as stipulated to and as presented...

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