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ULLUM v. GEORGE CARDEN CIRCUS INTERN., INC.

No. 27971.

223 S.W.3d 192 (2007)

David ULLUM, Plaintiff-Appellant, v. GEORGE CARDEN CIRCUS INTERNATIONAL, INC., and Treasurer of the State of Missouri, as Custodian for the Second Injury Fund, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

May 23, 2007.

Attorney(s) appearing for the Case

David Simpson, St. James, for Appellant.

Stephen M. Prosperi, St. Louis, for Respondent George Carden Circus International, Inc.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Andrew Lyskowski, Springfield, for Respondent Treasurer of the State of Missouri-Custodian 2nd Injury Fund (no brief filed).

NANCY STEFFEN RAHMEYER, Presiding Judge.

David Ullum ("Claimant") appeals the denial of workers' compensation by the Labor and Industrial Relations Commission ("the Commission"). First, Claimant alleges that the Commission improperly determined that he was a farm laborer pursuant to § 287.090.1(1)1 and therefore was not eligible for workers' compensation. Second, Claimant argues that the Commission incorrectly determined that he was...

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