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FRISBY v. MILBANK MFG. CO.

No. 11-1858.

688 F.3d 540 (2012)

Curtis Ray FRISBY, Special Administrator of the Estate of Shirley Fay Frisby, Plaintiff-Appellant, v. MILBANK MANUFACTURING CO., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 31, 2012.

Attorney(s) appearing for the Case

Floyd Mattison Thomas, Jr. , argued, El Dorado, AR, for appellant.

William Charles Frye , argued, North Little Rock, AR, for appellee.

Before LOKEN, BYE, and MELLOY, Circuit Judges.

LOKEN, Circuit Judge.

Shirley Frisby collapsed and died from an apparent heart attack while working on an assembly line at Milbank Manufacturing Company's facility in El Dorado, Arkansas. A claim for workers' compensation death benefits was filed just before the two-year statute of limitations expired. See Ark.Code § 11-9-702(a)(1). After a contested hearing, the Arkansas Workers' Compensation Commission denied the claim, concluding that the claimant failed...

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