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NICHOLS v. OVERNIGHT EXPRESS, INC.

No. WD 64279.

156 S.W.3d 406 (2005)

Todd NICHOLS, Respondent, v. OVERNIGHT EXPRESS, INC. and Great West Casualty, Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 1, 2005.

Attorney(s) appearing for the Case

Daniel L. Doyle, Overland Park, KS, for appellants.

Thomas K. Thompson, Liberty, MO, for respondent.

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

Motion for Rehearing and/or Transfer to Supreme Court Denied March 1, 2005.

ROBERT G. ULRICH, Judge.

Overnight Express, Inc. and Great West Casualty appeal an award of workers' compensation benefits to Todd Nichols. Overnight asserts that Mr. Nichols was not a statutory employee under section 287.0401 because he was not performing the "usual business" of Overnight on the day he was injured. The Commission's final award is reversed...

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