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HENRY v. PRECISION APPARATUS, INC.

No. SD 29772.

309 S.W.3d 341 (2010)

Terry HENRY, Claimant-Appellant, v. PRECISION APPARATUS, INC., Employer-Respondent, and Missouri State Treasurer, Custodian of the 2nd Injury Fund, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied March 9, 2010.

Application for Transfer Denied May 25, 2010.

Attorney(s) appearing for the Case

Andrew S. Lyskowski, Camdenton, MO, for Appellant.

Jared P. Vessell, Columbia, MO, for Employer-Respondent.

Heather C. Rowe, Springfield, MO, for Custodian 2nd Injury Fund (No brief filed).

NANCY STEFFEN RAHMEYER, Judge.

Terry Henry ("Claimant") was seriously injured at his place of employment; however, the Labor and Industrial Relations Commission ("the Commission") determined he failed to meet his burden of proof that he sustained an accident arising out of and in the course of employment in that he was injured prior to the inception of his "work shift" when he was volunteering his assistance to a friend...

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