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PAYNE v. THOMPSON SALES CO.

No. SD 30132.

322 S.W.3d 590 (2010)

Dennis PAYNE, Appellant, v. THOMPSON SALES COMPANY, Missouri Automobile Dealers Association and Treasurer of the State of Missouri, as Custodian for the Second Injury Fund, Respondents.

Missouri Court of Appeals, Southern District, Division Two.

September 24, 2010.

Attorney(s) appearing for the Case

William D. Powell , Daniel, Powell, Wesley & Brewer, Springfield, for Appellant.

Christina R. Schoeppey , Rathmel & Belden, for Respondents Thompson Sales and MO Automobile Dealers Assoc.

DANIEL E. SCOTT, Chief Judge.

Dennis Payne (Claimant) appeals from a final award denying his workers' compensation claim,1 and candidly admits that he must win all four of his points to prevail. We find no merit to his third point, which challenges the ALJ's "prevailing factor" finding,2 and affirm without reaching the other issues.

Background/Principles of Review

Claimant sought benefits...

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