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NUNN v. C.C. MIDWEST

No. WD 64027.

151 S.W.3d 388 (2004)

Richard NUNN; Respondent Treasurer of the State of Missouri-Custodian of the Second Injury Fund, Defendant, v. C.C. MIDWEST, Appellant.

Missouri Court of Appeals, Western District.

December 21, 2004.

Attorney(s) appearing for the Case

Elizabeth C. Carver, St. Louis, MO, for Appellant.

John R. Stanley, Overland Park, KS, for Respondent.

Before LISA WHITE HARDWICK, P.J., ROBERT G. ULRICH and THOMAS H. NEWTON, JJ.

THOMAS H. NEWTON, Judge.

Mr. Richard Nunn was a truck driver for C.C. Mid West. He was injured while making a delivery and claimed workers' compensation benefits. C.C. Mid West asserted that he was not entitled to those benefits because he was an owner-operator of his truck and an independent contractor. The Labor and Industrial Relations Commission (Commission) found that Mr. Nunn was not an owner-operator and was an employee, not an independent contractor. Because...

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