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WILSON v. C.C. SOUTHERN, INC.

No. WD 62805.

140 S.W.3d 115 (2004)

Mary Joyce WILSON, Brian Keith Wilson, John David Wilson, and April Wilson, Respondents-Appellants, v. C.C. SOUTHERN, INC., Appellant-Respondent, and Central Transport International, Inc., Nancy Farmer, Robert Kerr, and Kerr Cartage Company, Inc., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied June 29, 2004.

Application for Transfer Denied August 24, 2004.

Attorney(s) appearing for the Case

Elizabeth C. Carver, Charles Bernard Jellinek, St. Louis, for Appellant.

William Ringer, Carolyn Biersmith-McCarthy, Office of Attorney General, David Bony, Kansas City, David Lunceford, Independence, for Respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 29, 2004.

PAUL M. SPINDEN, Judge.

The central issue in this workers' compensation case is who was John Wilson's employer. Wilson was driving a tractor leased by C.C. Southern, Inc., from Robert Kerr pulling a C.C. Southern trailer when the rig crashed and killed him. Although C.C. Southern contracted with Kerr for Wilson's services as a driver, the Labor and Industrial Relations Commission decided...

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