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Dependents of Gant v. U.S. Foodservice, Inc.

Missouri Court of Appeals, Western District
Aug 25, 2009
290 S.W.3d 196 (Mo. Ct. App. 2009)

Opinion

No. WD70453.

August 25, 2009.

Appeal from the Labor and Industrial Relations Commission.

Jerry Renter and Brianne Niemann, Kansas City, MO, for Appellants.

Bruce R. Levine and M. Joan Klosterman, Kansas City, MO, for Respondents.

Before Division Two: Victor C. Howard, Presiding Judge, and Joseph M. Ellis and Mark D. Pfeiffer, Judges.


ORDER


The dependents of Timothy J. Gant appeal from a ruling of the Labor and Industrial Relations Commission (Commission) affirming the Administrative Law Judge's (ALJ) decision denying workers' compensation benefits for the death of Timothy Gant. The ALJ concluded that Mr. Gant's death was due to a congenital defect and was not caused by a workplace accident. The Commission adopted the ALJ's findings of fact and rulings of law from which this appeal ensues.

In their sole point on appeal, appellants claim that the Commission erred in allowing the deposition testimony of Dr. Steven Arkin into evidence. They contend that Dr. Arkin's testimony was a violation of RSMo § 287.210.3, otherwise known as the "seven-day rule." We affirm in this per curiam order. Rule 84.16(b).


Summaries of

Dependents of Gant v. U.S. Foodservice, Inc.

Missouri Court of Appeals, Western District
Aug 25, 2009
290 S.W.3d 196 (Mo. Ct. App. 2009)
Case details for

Dependents of Gant v. U.S. Foodservice, Inc.

Case Details

Full title:DEPENDENTS OF Timothy J. GANT (Deceased), Appellants, v. U.S. FOODSERVICE…

Court:Missouri Court of Appeals, Western District

Date published: Aug 25, 2009

Citations

290 S.W.3d 196 (Mo. Ct. App. 2009)