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BARTON v. W & M PROPERTIES

No. ED 92141.

283 S.W.3d 830 (2009)

Thomas BARTON (Deceased), Respondent/Employee, v. W & M PROPERTIES, Appellant/Employer.

Missouri Court of Appeals, Eastern District, Division Three.

June 2, 2009.

Attorney(s) appearing for the Case

John P. Kafoury, St. Louis, MO, for Appellant.

Joseph A. Fenlon, Jr., Clayton, MO, for Respondent.

Before ROBERT G. DOWD, JR., P.J. and CLIFFORD H. AHRENS and SHERRI B. SULLIVAN, JJ.

ORDER

PER CURIAM.

W & M Properties ("Employer") appeals from the decision of the Labor and Industrial Relations Commission ("the Commission") finding in favor of Thomas Barton ("Employee") on his workers' compensation claim against Employer. Employer claims the Commission erred in finding the accident arose out of and in the course of employment pursuant to Section 287.1201.

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