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STATE EX REL. CARTER v. CITY, INDEPENDENCE

No. WD 68732.

272 S.W.3d 371 (2008)

STATE of Missouri, ex rel, Helen CARTER, Respondent, v. CITY OF INDEPENDENCE, Missouri, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 23, 2008.

Application for Transfer Denied January 27, 2009.

Attorney(s) appearing for the Case

Lynn Weddle Judkins, Kansas City, MO, for Appellant.

John Richard Boyd, Kansas City, MO, for Respondent.

Before JOSEPH M. ELLIS, Presiding Judge, RONALD C. HOLLIGER, Judge and JOSEPH P. DANDURAND, Judge.

JOSEPH M. ELLIS, Judge.

The City of Independence, Missouri, appeals from a writ of prohibition precluding it from having Claimant Helen Carter evaluated by a vocational counselor in her pending workers' compensation case. For the following reasons, we reverse.

On October 30, 1998, Helen Carter ("Claimant") filed a claim with the Division of Workers' Compensation ("the Division") against her former employer, the City of Independence, Missouri ("Employer")....

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