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MURPHY v. AETNA CAS. & SUR. CO.

No. 21691.

955 S.W.2d 949 (1997)

Henry Leon MURPHY, Respondent-Employee, v. AETNA CASUALTY & SURETY CO., Appellant-Insurer.

Missouri Court of Appeals, Southern District, Division Two.

December 1, 1997.

Attorney(s) appearing for the Case

Rex W. Henoch, McAnany, Van Cleave & Phillips, P.A., for Appellant-Insurer.

John C. Banning, Fitsimmons, Schroeder & Nelson, for Respondent-Employee.

MONTGOMERY, Chief Judge.

Aetna Casualty & Surety Co. (Insurer) appeals from a final award of the Labor and Industrial Relations Commission (the Commission) finding that Henry Leon Murphy (Employee) elected coverage for himself as a sole proprietor under § 287.035, RSMo 1994, of the Missouri Workers' Compensation Act. In affirming the award of the administrative law judge, the Commission determined that the "evidence of the parties shows [Employee] elected...

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