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MEADOWS v. HAVENS ERECTORS, INC.

No. WD 68046.

238 S.W.3d 210 (2007)

Steven MEADOWS, Respondent, v. HAVENS ERECTORS, INC. and Missouri Private Sector Ind. Self Insurers Guaranty Corp, Appellant, The Austin Company, Respondent.

Missouri Court of Appeals, Western District.

November 20, 2007.

Attorney(s) appearing for the Case

Robert J. Will, Esq., St. Louis, MO, Bart E. Eisfelder, Esq., Kansas City, MO, for Appellants.

Keith V. Yarwood, Esq., Kansas City, MO, for Respondent Meadows.

Brian J. Gordon, Esq., Independence, MO, for Respondents University Physicians and Truman Medical Center.

Charles R. Brown, Esq., Kansas City, MO, for Respondents the Austin Company.

Before HOLLIGER, P.J., LOWENSTEIN and SMART, JJ.

HAROLD L. LOWENSTEIN, Judge.

I. OVERVIEW

The overriding issue in this case is whether, under Missouri Workers' Compensation Law, for the Industrial Relations Commission to acquire jurisdiction over a claim against a self-insured employer who subsequently becomes insolvent, must an injured employee first file a claim in the U.S. Bankruptcy Court against the employer's estate.

II. FACTS

Respondent, Steven Meadows, was injured while in the...

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