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MOTOR CONTROL v. LABOR & INDUS. RELT.

No. WD 71586.

323 S.W.3d 843 (2010)

MOTOR CONTROL SPECIALITIES, INC., and the Ohio Casualty Insurance Company, Appellants, v. LABOR AND INDUSTRIAL RELATIONS COMMISSION, State of Missouri; Stephen M. Petelik, Respondents.

Missouri Court of Appeals, Western District.

November 9, 2010.

Attorney(s) appearing for the Case

Kevin McFarland Leahy , St. Louis, MO, for Appellants.

James R. Layton , Jefferson City, MO, for Respondents, Labor & Industrial Relations & State of Missouri.

Roger G. Brown , Jason R. McClitis , Jefferson City, MO, Ellen E. Morgan , Ballwin, MO, for Respondent, Petelik.

Before: VICTOR C. HOWARD, P.J., THOMAS H. NEWTON, and GARY D. WITT, JJ.

THOMAS H. NEWTON, Judge.

Motor Control Specialties, Inc. (Employer) and The Ohio Casualty Company (its Insurer) appeal the trial court's judgment denying their petition for declaratory judgment and awarding Mr. Stephen Petelik (Claimant) attorney fees. We affirm.

Factual and Procedural Background

An administrative law judge (ALJ) determined an injury Claimant sustained to his back was compensable under...

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