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OTTE v. LANGLEY'S LAWN CARE, INC.

No. ED 79091.

66 S.W.3d 64 (2001)

David L. OTTE, Appellant/Cross-Respondent, v. LANGLEY'S LAWN CARE, INC., et al., Respondents, and Missouri State Treasurer, Custodian of the Second Injury Fund, Appellant/Additional Party.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied December 26, 2001.

Application for Transfer Denied February 26, 2002.

Attorney(s) appearing for the Case

Richard M. Marshall, Richard M. Marshall & Associates, P.C., Clayton, MO, for appellant.

David Korum, Jones, Korum, Waltrip, Jones & Doskocil, St. Louis, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Barbara L. Toepke, Asst. Atty. Gen., St. Louis, MO, for respondent.

Edward M. Vokoun, Evans & Dixon, St. Louis, MO, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 26, 2001.

CLIFFORD H. AHRENS, Judge.

David Otte (claimant) was paralyzed following an automobile accident on June 16, 1995. He filed a workers' compensation claim against his employer, Langley Lawn Care, Inc. (employer). The Administrative Law Judge (ALJ) found that the accident did not arise in or out of the course of claimant's employment and denied the claim. The Labor and Industrial...

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