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SEATON v. CABOOL LEASE, INC.

No. 22775.

7 S.W.3d 501 (1999)

Carl A. SEATON, Claimant-Appellant, v. CABOOL LEASE, INC., Employer-Respondent, and Home Insurance Co-rem, Insurer-Respondent, and Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied November 22, 1999.

Application for Transfer Denied January 25, 2000.

Attorney(s) appearing for the Case

C. David Whipple, Whipple Law Firm, Kansas City, for Appellant.

Douglas M. Greenwald, McAnany, Van Cleave & Phillips, P.A., Kansas City, for Respondents.

PHILLIP R. GARRISON, Chief Judge.

Carl A. Seaton ("Claimant") appeals from a final award of the Labor and Industrial Relations Commission ("Commission") denying his claim for worker's compensation. On appeal, Claimant contends that the Commission erred in finding that he was not an employee of Cabool Lease, Incorporated ("Cabool Lease") as Cabool Lease had actual control or right of control over Claimant's work and had the right to summarily discharge Claimant.

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