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PAVIA v. SMITTY'S SUPERMARKET

No. SD 31275.

366 S.W.3d 542 (2012)

Patrick PAVIA, Employee-Respondent, v. SMITTY'S SUPERMARKET, Employer-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer Denied March 9, 2012.

Application for Transfer Denied May 1, 2012.

Attorney(s) appearing for the Case

J. Bradley Young , Roberts Perryman, P.C., St. Louis, MO, for Appellant.

Matthew J. Sauter , Sauter Sullivan, L.L.C., St. Louis, MO, for Respondent.

GARY W. LYNCH, Judge.

Smitty's Supermarket ("Employer") appeals the decision of the Labor and Industrial Relations Commission ("Commission") dismissing Employer's motion for a determination of a change in condition. Employer contends that the Commission erred as a matter of law in that it improperly interpreted section 287.4701 by failing to strictly construe it as required by section 287.800, RSMo Cum.Supp.2005, and

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