WAGNER-JONES v. HARBERT YEARGIN CONST. CO.

No. 26152.

145 S.W.3d 511 (2004)

Rollan WAGNER (Deceased) by his Dependent, Emma J. WAGNER-JONES, Appellant, v. HARBERT YEARGIN CONSTRUCTION CO., and Liberty Mutual Insurance Co., Respondents.

Missouri Court of Appeals, Southern District, Division One.

October 6, 2004.


Attorney(s) appearing for the Case

Jerry Kenter, Boyd & Kenter, P.C., Kansas City, MO, for appellant.

John F. Sander, Valentine & Rouse, St. Louis, MO, for respondents.


JAMES K. PREWITT, Judge.

Emma J. Wagner-Jones ("Wife"), wife of decedent Rollan Wagner ("Employee"), appeals a decision of the Labor and Industrial Relations Commission ("the Commission") denying compensation under the Missouri Workers' Compensation Act related to the death of Employee. With one point relied on, Wife contends that the Commission erred in ruling that Employee did not sustain an accident arising out of or...

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